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BAIL ACT 1982 - SECT 24A

BAIL ACT 1982 - SECT 24A

24A .         Court may ask community corrections officer to verify accused’s information or make report

        (1)         A judicial officer who is called upon to consider a case for bail may refer to a community corrections officer any matter referred to in section 24(1) and may request a community corrections officer to do any matter referred to in that section.

        (2)         A judicial officer who is called upon to consider a case for bail and who desires to impose a home detention condition as a condition on a grant of bail, shall request that a report be made by a community corrections officer about the suitability of the accused to be subject to a home detention condition.

        (3)         Where a reference or a request is made under subsection (1) or a report is requested under subsection (2) a community corrections officer shall, as soon as is practicable, make a report to the judicial officer and, at the discretion of the judicial officer, copies may be made available to the prosecution or to the accused or his solicitor or counsel.

        (4)         Where a community corrections officer makes a report that an accused is suitable to be subject to a home detention condition, the officer must —

            (a)         include in the report a recommendation as to whether or not the accused is suitable for electronic monitoring while the accused is subject to the home detention condition; and

            (b)         annex to the report, and provide to the accused or the accused’s solicitor or counsel, a list of those conditions in rules made under section 50L that may be applied to the accused by the CEO (corrections) while the accused is subject to the home detention condition.

        [Section 24A inserted: No. 61 of 1990 s. 7; amended: No. 31 of 1993 s. 9; No. 84 of 2004 s. 82; No. 65 of 2006 s. 53; No. 13 of 2020 s. 24.]