BAIL ACT 1982 - SECT 7F

BAIL ACT 1982 - SECT 7F

7F .         Appeal from court of summary jurisdiction, bail in case of

        (1)         If a person is in custody and an appeal has been commenced under the Criminal Appeals Act 2004 Part 2 in connection with the decision by virtue of which the person is in custody, the person may apply for bail —

            (a)         if the appeal is to be heard and determined by the Court of Appeal or if an application has been made to the Court of Appeal for leave to appeal to the Court of Appeal — to a judge of appeal; or

            (b)         in any other case — to a judge of the Supreme Court.

        (2)         Bail shall not be granted to an applicant for bail under subsection (1) unless —

            (a)         the applicant has given notice of the application for bail to —

                  (i)         the Director of Public Prosecutions; or

                  (ii)         the State Solicitor,

                as the case may require; and

            (b)         that official has been given an opportunity to be heard on the application.

        [Section 7F inserted: No. 6 of 2008 s. 9(1).]