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BAIL ACT 2013 - SECT 52 Powers of authorised justices to vary court decisions

BAIL ACT 2013 - SECT 52

Powers of authorised justices to vary court decisions

52 Powers of authorised justices to vary court decisions

(1) An authorised justice may vary a bail decision of a court on a variation application only if the variation application relates to bail conditions that are reviewable by a justice.
(2) The following bail conditions are reviewable by a justice--
(a) a reporting condition, which is a bail condition that requires the person granted bail to report to a police station while at liberty on bail,
(b) a residence condition, which is a bail condition that requires the person granted bail to reside at a specified address,
(c) an association condition, which is a bail condition (however expressed) that requires the person granted bail to refrain from associating with a specified person or class of persons or to refrain from frequenting a specified place or class of places,
(d) a curfew condition, which is a bail condition (however expressed) that imposes a curfew on the person.
(3) After hearing the variation application, the authorised justice may--
(a) vary a reporting condition, or
(b) vary (but not revoke) a residence condition, an association condition or a curfew condition.
(4) An authorised justice is not to vary a bail condition under this section unless satisfied that--
(a) in the case of a variation application made by a person other than the accused person--the accused person has been notified of the application and no objection to the application has been made by the accused person, and
(b) in the case of a variation application made by a person other than the prosecutor in the proceedings--the prosecutor has been notified of the application and no objection to the application has been made by the prosecutor.
(5) An authorised justice is not to vary a bail condition under this section--
(a) at any time before the determination of summary or committal proceedings against the accused person, if the bail condition was imposed by the Supreme Court, or
(b) at any time after the determination of summary or committal proceedings against the accused person.
(6) Subsection (5) does not prevent an authorised justice from varying a reporting condition--
(a) to vary the days on which, or the times at which, an accused person must report to a police station, or
(b) to vary the police station to which the accused person must report.