BAIL ACT 1982 - SECT 45
BAIL ACT 1982 - SECT 45
45 . Notices under s. 44, service and proof of
(1) For the purposes
of section 44(5) notice to a surety may be given —
(a)
orally to the surety by the judicial officer when he fixes a time and place
for the proceedings or the resumed proceedings; or
(b) in
the approved form to the surety personally; or
(c) by a
person authorised under subsection (5) —
(i)
sending or causing to be sent the approved form to the
surety by post to the surety’s address appearing in the records of the
court; or
(ii)
providing or causing to be provided the approved form to
the surety by electronic means in accordance with the regulations.
(2) A person who gives
a notice in accordance with subsection (1)(b) or (c) shall endorse on a file
copy of the notice a certificate showing —
(a) that
the person has done so; and
(b) the
time of doing so.
(2a) If a notice is
sent by post under subsection (1)(c), the notice is to be presumed, unless the
contrary is shown, to have been received at the time when, in the ordinary
course of events, it would have been delivered.
(3) A judicial officer
who, under subsection (1)(a), notifies a surety of the time and place for the
proceedings or the resumed proceedings shall cause to be endorsed on a file
copy of the surety’s undertaking a certificate showing details of such
time and place and that the surety has been notified of them.
(4) In any proceedings
—
(a) a
document purporting to be a copy of a notice referred to in section 44(5)
shall be evidence of the terms of the notice; and
(b) an
endorsement —
(i)
on a file copy of a notice given under subsection (1)(b)
or (c) purporting to be a certificate referred to in subsection (2); or
(ii)
on a file copy of a surety undertaking purporting to be a
certificate referred to in subsection (3),
is evidence of the
matters appearing in the certificate without proof of the signature of the
person who made the endorsement.
(5) A registrar of the
court, other than a deputy registrar of the Magistrates Court or the
Children’s Court, is an authorised person for the purposes of subsection
(1)(c) and in addition —
(a) in
respect of committals to the Supreme Court, the Chief Justice; and
(b) in
respect of committals to the District Court, the Chief Judge,
may authorise a person
or persons, by name or office, to perform the function referred to in
subsection (1)(c).
[Section 45 amended: No. 74 of 1984 s. 15; No. 59
of 2004 s. 141; No. 6 of 2008 s. 28(1)-(5); No. 20 of 2013 s. 30; No. 34 of
2020 s. 82.]