BAIL ACT 2013 - SECT 74 Multiple release or detention applications to same court not permitted

BAIL ACT 2013 - SECT 74

74 Multiple release or detention applications to same court not permitted

(1) A court that refuses bail for an offence, or that affirms a decision to refuse bail for an offence, after hearing a release application is to refuse to hear another release application made by the accused person for the same offence, unless there are grounds for a further release application.

(2) A court that grants or dispenses with bail for an offence, or that affirms a decision to grant or dispense with bail for an offence, after hearing a detention application is to refuse to hear another detention application made by the prosecution for the same offence, unless there are grounds for a further detention application.

(3) For the purposes of this section, the grounds for a further release application are--

(a) the person was not legally represented when the previous application was dealt with and the person now has legal representation, or

(b) material information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or

(c) circumstances relevant to the grant of bail have changed since the previous application was made, or

(d) the person is a child and the previous application was made on a first appearance for the offence.

(4) For the purposes of this section, the grounds for a further detention application are--

(a) material information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or

(b) circumstances relevant to the grant of bail have changed since the previous application was made.

(5) In this section,
"court" does not include an authorised justice.