Division 5Division 5 Miscellaneous provisions
13 Eligibility for bail despite no entitlement
An accused person not entitled under section 8 or 9 to be granted bail may nevertheless be granted bail.
A power conferred by this Act to grant bail shall, subject to this Act, be deemed to include a power to refuse bail, but the power to refuse bail may only be exercised in conformity with this Act.
15 Grant of bail when not in custody
(1) An accused person may be granted or refused bail in accordance with this Act, notwithstanding that the person is not in custody.(2) Nothing in this Act requires the grant of bail to an accused person who is not in custody.
16 Extension of meaning of “adjournment” in section 6
For the purposes of section 6 (c) (ii), each of the following periods shall be deemed to be the period of an adjournment:(a) the period during which a defendant is excused, pursuant to section 72 of the Criminal Procedure Act 1986, from attendance during the taking of any evidence,(b) the period between the making of an order under section 104 of the Criminal Procedure Act 1986 and the continuation of the proceedings (as referred to in that section) consequent on the making of the order,(c) the period between the apprehension of an accused person under a bench warrant (whether issued by a Judge or a magistrate) and the person’s next appearance in the court out of which the bench warrant issued,(d) the period between the making of an order under section 20 (1) of the Children (Criminal Proceedings) Act 1987 and the bringing of the offender before the Children’s Court consequent on the making of the order,(e) the period between the making of an order under section 21 of the Criminal Procedure Act 1986 for a separate trial, or for the postponement of a trial, and the commencement of the separate or postponed trial,(e1) the period between the conviction of a person and the sentencing of the person,(e2) the period between the finding of a person’s guilt and the making of an order under section 33 of the Children (Criminal Proceedings) Act 1987 against the person,(f) the period between the bringing up by a writ of habeas corpus of a person committed to prison by virtue of any summary conviction of an authorised justice or authorised justices or a magistrate and the final decision of the case, where the Supreme Court postpones the final decision of the case,(g) the period between the making of an order under section 8A (1) of the Criminal Appeal Act 1912 and the continuation of the proceedings (as referred to in section 8A (2) of that Act) consequent on the making of the order,(h) the term of a stay of execution of sentence under section 80 of the Crimes (Sentencing Procedure) Act 1999.
16A Requirement to appear before a court
(1) For the purposes of sections 7 and 11, the time at which a person is required to appear before a court is the time at which the matter relating to the relevant offence is called at the court premises (whether or not the matter is dealt with at that time).(2) If the person is present in the courtroom or other part of the court premises at that time, the person is in the custody of the court (except during such additional periods of bail as may be granted under this Act) on and from the calling of the matter concerned until:(a) bail is dispensed with, or(b) bail is continued under section 43, or(c) the court completes its dealing with the matter.