BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 17 Appeal by Director of Public Prosecutions against inadequacy of bail etc.

BAIL AMENDMENT ACT 2010 (NO. 70 OF 2010) - SECT 17

    (1)     Insert the following heading to section 18A of the Bail Act 1977 —

" Appeal by Director of Public Prosecutions against insufficiency of bail etc. ".

    (2)     For section 18A(1) of the Bail Act 1977 substitute —

    "(1)     If a person is granted bail, the Director of Public Prosecutions may appeal to the Supreme Court against the order granting bail if—

        (a)     the Director is satisfied that—

              (i)     the conditions of bail are insufficient; or

              (ii)     the decision to grant bail contravenes this Act; and

        (b)     the Director is satisfied that it is in the public interest to do so.".

    (3)     For section 18A(6) of the Bail Act 1977 substitute —

    "(6)     On an appeal under this section, if the Supreme Court thinks that a different order should have been made, the Supreme Court must set aside the order that is the subject of the appeal and, without limiting the powers of the Supreme Court with respect to bail, conduct a fresh hearing in relation to the grant of bail to the respondent.".

    (4)     In section 18A(8) of the Bail Act 1977 for "commit the respondent to prison" substitute "remand the respondent in custody".

    (5)     In section 18A(9) of the Bail Act 1977 for "commit him to prison" substitute "remand him in custody".

    (6)     After section 18A(11) of the Bail Act 1977 insert —

    "(12)     The respondent or the Director of Public Prosecutions may appeal to the Court of Appeal from a decision of a single judge of the Supreme Court made under this section.

Note

Sections 18AG and 24(4) also provide for certain appeals.".