BAIL ACT 2013 - SECT 64
Powers specific to Local Court and authorised justices
BAIL ACT 2013 - SECT 64
Powers specific to Local Court and authorised justices
Note : The
Local Court includes-- (a) the Children's Court, and
(b) the Drug Court
(because of section 24 of the Drug Court Act 1998 ).
(1) The Local Court or
an authorised justice may hear a release application or detention application
in respect of a person-- (a) brought or appearing before the Court or
authorised justice and accused of an offence, or
(b) not brought or appearing
before the Court or authorised justice, if the person is an appellant under
Part 3, 4 or 5 of the Crimes (Appeal and Review) Act 2001 .
(2) Subsection
(1) (b) is subject to any exceptions provided for by the regulations.
(3) The
Local Court may hear a bail application for an offence if a bail decision for
the offence has been made by an authorised justice or police officer.
(4) The
Local Court may hear a variation application for an offence if a bail decision
has been made by a higher court. Note : Section 57 permits the Local Court to
vary bail conditions imposed by a higher court only with the consent of the
accused person and the prosecutor.
(5) An authorised justice may hear a
variation application for an offence if a bail decision has been made by a
court and the variation application relates to bail conditions that are
reviewable by a justice (within the meaning of section 52). Note : Section 52
limits the powers that can be exercised by an authorised justice when hearing
a variation application in relation to a bail decision made by a court. See
also sections 57 and 58.
