Division 16 Grant of bail for certain periods
Bail may be granted in accordance with this Act to an accused person in respect of any one or more of the following periods (so far as they relate to the offence of which the person is accused):(a) the period between the person being charged with the offence and the person’s first appearance before a court in or in connection with proceedings for the offence,(b) the period between committal for trial or sentence and the person being brought before the Supreme Court or District Court consequent on the committal,(c) the period of any adjournment or adjournments, including:(i) any adjournment or adjournments during the course of a trial, and(ii) any period deemed by section 16 to be the period of an adjournment,(d) the period of a stay of execution of a conviction or sentence,(e) the period between the lodging of an appeal and its determination, being an appeal against a conviction or order or against the severity of the person’s sentence,(f) the period between the person entering into a recognizance to prosecute proceedings in respect of a stated case and:(i) the person’s appearance to abide the decision in those proceedings, or(ii) the person’s appearance before the Judge, magistrate or authorised justice to whom the matter is remitted,(g) the period between the determination of an appeal and:(i) the person’s appearance before a court to abide the decision on the appeal, or(ii) the commencement of a new trial ordered on the appeal,(g1) the period during which an application for revocation, extension or amendment of a community service order (within the meaning of the Crimes (Sentencing Procedure) Act 1999) or a children’s community service order (within the meaning of the Children (Community Service Orders) Act 1987) is pending,(g2) (Repealed)(g3) the period between a person’s being found guilty of an offence under section 24 (1) of the Children (Community Service Orders) Act 1987 and the person’s appearing, pursuant to that Act, before the court that made the children’s community service order, within the meaning of that Act, to which the person is subject,(g4) the period between the making of an application to annul a conviction or sentence under section 4 of the Crimes (Local Courts Appeal and Review) Act 2001 and the hearing of the application,(g5) the period between the referral of an application for annulment of a conviction or sentence under section 5 of the Crimes (Local Courts Appeal and Review) Act 2001 and the hearing of the application,(g6) the period between the annulment of a conviction or sentence under section 8 of the Crimes (Local Courts Appeal and Review) Act 2001 and the rehearing of the matter the subject of the proceedings from which the conviction or sentence arose,(g7) the period between an application for review under section 45 of the Children (Criminal Proceedings) Act 1987 of a decision in respect of an offence and the determination of the application,(g8) the period between the determination of an application for review under section 45 of the Children (Criminal Proceedings) Act 1987 of a decision in respect of an offence and any further proceedings on the court attendance notice issued in relation to the offence, and(g9) the period between a person being referred to the Drug Court under section 6 of the Drug Court Act 1998 and the person being brought before the Drug Court consequent on the referral,(g10) the period between a person being referred back to a court under section 7D of the Drug Court Act 1998 and the person being brought before that court consequent on the referral,(h) any other period prescribed by the regulations.
7 Rights following grant of bail
(1) When:(a) bail is granted to an accused person in respect of an offence,(b) the person enters into the bail undertaking, and(c) if a bail condition or bail conditions are imposed, it or they are entered into,the person is, subject to this Act, entitled to be released (if in custody) and to remain at liberty in respect of the offence, until the person is required to appear before a court in accordance with the person’s undertaking.(2) Nothing in this section applies to an accused person while the person is in custody also for some other offence or reason in respect of which the person is not entitled to be at liberty, whether under this Act or otherwise.