Part 6 Review of bail decisions
Division 1 Power of senior police officers to review
43A Power of senior police officer to review
(1) An accused person who is refused bail by an authorised officer may request a review of the decision under this section.(2) A review is not to be conducted under this section if conducting the review would cause any delay in bringing the accused person before a court in accordance with section 20.(3) A review of a decision under this section is to be conducted by an authorised officer who is more senior than the authorised officer who made the decision.(4) The power to review a decision under this section is a power:(a) to affirm the decision to refuse bail, or(b) to grant bail unconditionally or subject to conditions in accordance with this Act.(5) Without limiting the grounds on which an authorised officer conducting a review of a decision under this section may grant bail, the authorised officer may grant bail if the authorised officer is of the opinion that:(a) the accused person is no longer incapacitated by intoxication, injury or use of a drug or is no longer in danger of physical injury or in need of physical protection, or(b) there has been a significant change in circumstances since the decision was made, or(c) exceptional circumstances exist that justify a grant of bail.(6) The power to review a decision under this section may not be exercised if any power to review the decision has been, or has been sought to be, exercised under Division 2.
Division 2 Powers of justices, magistrates and courts to review
44 Power of justices, magistrates and certain courts to review
(1) Except as prescribed by the regulations and subject to this Division, a justice may review any decision made by the justice in relation to bail.(2) Except as prescribed by the regulations and subject to this Division, a magistrate may review any decision made by any authorised officer, magistrate (including the reviewing magistrate) or justice in relation to bail.(3) Except as prescribed by the regulations and subject to this Division, the District Court may review any decision made by the District Court (however constituted) in relation to bail.(4) Subject to this Division, the Land and Environment Court may review any decision made by the Court (however constituted) in relation to bail.(5) Subject to this Division, the Industrial Relations Commission in Court Session may review any decision made by the Industrial Relations Commission in Court Session (however constituted) in relation to bail.(6) A decision of the Supreme Court (however constituted) in relation to bail may be reviewed by the Land and Environment Court, the Industrial Relations Commission in Court Session, the District Court or a magistrate if:(a) the person to whom the decision relates is appearing before the Court or magistrate in proceedings for an offence, and(b) the Court or magistrate is satisfied that special facts or special circumstances justify the review.This subsection has effect subject to any exceptions or other limitations prescribed by the regulations and to the other provisions of this Division.
45 Power of Supreme Court to review
(1) Subject to this Division, the Supreme Court may review any decision of any authorised officer, magistrate or justice or of the District Court, Land and Environment Court, Industrial Relations Commission in Court Session or Supreme Court (however constituted) in relation to bail.(2) The power to review a decision pursuant to this section may be exercised whether or not any power to do so pursuant to section 44 has been, or has been sought to be, exercised.(3) Notwithstanding subsection (1), a Judge of the Supreme Court sitting alone may not, under that subsection, review a decision of the Court of Criminal Appeal, unless the rules made under the Supreme Court Act 1970 so provide.
46 Power of Court of Criminal Appeal to review
(1) Subject to this Division, the Court of Criminal Appeal may review any decision made by the Court (however constituted) in relation to bail.(2) Notwithstanding subsection (1), a Judge of the Court of Criminal Appeal sitting alone may not under that subsection review a decision of the Court constituted by 3 or more Judges, unless the rules made under the Supreme Court Act 1970 so provide.
47 General limitation on power to review
A court may not pursuant to this Division review a decision in circumstances where, had the decision not been made, the court would be prohibited from making a decision in relation to the grant of bail.
48 Provisions respecting review of bail decisions
(1) The power to review a decision pursuant to this Division:(a) may be exercised only at the request of:(i) the accused person,(ii) the informant (being a police officer),(iii) the informant or complainant (whether or not a police officer) in the case of bail granted in respect of a domestic violence offence or a complaint for an apprehended violence order under Part 15A of the Crimes Act 1900, or(iv) the Attorney General or the Director of Public Prosecutions, and(b) includes the power to affirm or vary the decision or to substitute another decision.(2) A decision as varied or substituted must be in conformity with this Act.(3) The review of a decision shall be by way of rehearing, and evidence or information in addition to, or in substitution for, the evidence or information given or obtained on the making of the decision may be given or obtained on the review.(4) Where, on a review of a decision pursuant to this Division, a court varies the decision, or substitutes another decision, section 38 applies to and in relation to the decision as varied or substituted as if originally made by the court.(5) Where, on a review of a decision pursuant to this Division, bail for an accused person is revoked, a justice may by warrant commit the person to prison.(6) Where, on a review of a decision pursuant to this Division:(a) bail is granted unconditionally and no bail undertaking has been given by the accused person, or(b) a bail condition is imposed,a justice may by warrant commit the person to prison until the person gives the undertaking or enters into the condition, as the case may be.(7) A court may refuse to entertain a request to review a decision pursuant to this Division if the court is satisfied that the request is frivolous or vexatious.(7A) The Supreme Court may refuse to entertain a request to review a decision pursuant to this Division if the Court is satisfied that the request comprises a bail condition review that could be dealt with under section 48A by a magistrate or justice or the District Court.(8) The regulations may make provision for or with respect to:(a) the manner of making a request to review a decision pursuant to this Division,(b) the giving or sending to persons of notices relating to the proposed exercise of the power to review a decision pursuant to this Division, and(c) prescribing the circumstances in which such a power may be exercised in the absence of the accused person or the person’s representative as if the person or the person’s representative were present.
48A Special limited review—bail conditions
(1) If an accused person has remained in custody after being granted bail because any condition of the bail has not been complied with, the decision in relation to bail may be reviewed pursuant to this Division by way of a bail condition review:(a) at the request of the accused person, or(b) at the request of a police officer, or(c) of the court’s own motion.(2) A bail condition review is a review pursuant to this Division of the decision in relation to bail to the extent only that it relates to the conditions of bail.(3) A bail condition review requested under this section by a police officer is not to be conducted unless the court is satisfied that the request was made:(a) for the purpose of benefiting the accused person, and(b) with the consent of the accused person.(4) On a bail condition review, the power to review the bail decision pursuant to this Division is a power to do any of the following:(a) to affirm the decision as to the conditions of bail,(b) to vary the decision by removing or imposing bail conditions,(c) to grant bail unconditionally.(5) Despite section 45, the Supreme Court is empowered to conduct a bail condition review only in respect of bail granted by the Supreme Court (however constituted).(6) This section does not affect:(a) the power of a court to review a decision in relation to bail pursuant to a request under section 48 (1), or(b) the right of a person to request such a review.
48B Special limited review—bail conditions reviewable by justice
(1) In this section:bail reporting condition means a bail condition requiring the accused person to report to a police station while at liberty on bail.
bail residence condition means a bail condition requiring the accused person to reside at a specified address.
justice means a justice employed in the Attorney General’s Department.
(2) A justice may review a decision of any court relating to a bail reporting condition or bail residence condition.(3) On any such review, the justice may do any one or more of the following:(a) the justice may vary the days on which, or the times at which, the accused person must report to a police station under a bail reporting condition,(b) the justice may vary the police station to which the accused person must report under a bail reporting condition,(c) the justice may reduce the number of days on which the accused person must report to a police station under a bail reporting condition,(d) the justice may revoke a bail reporting condition,(e) the justice may vary the address at which the accused person must reside under a bail residence condition.(4) Action under subsection (3) (a) or (b) may not be taken if:(a) the informant or complainant in the proceedings has not been notified of the proposed action, or(b) an objection to the proposed action has been made by any person appearing at the review on behalf of the informant or complainant in the proceedings.(5) Action under subsection (3) (c), (d) or (e) may not be taken:(a) at any time before the determination of summary or committal proceedings, if:(i) the informant or complainant in the proceedings has not been notified of the proposed action, or(ii) an objection to the proposed action has been made by any person appearing at the review on behalf of the informant or complainant in the proceedings, or(b) at any time before the determination of summary or committal proceedings against the accused person, in respect of a bail reporting condition or bail residence condition imposed by the Supreme Court under section 45, or(c) at any time after the determination of summary or committal proceedings against the accused person.(6) The justice may not, on any such review, vary or revoke a bail reporting condition, or vary a bail residence condition, if the court imposing the condition has directed that the condition must not be varied or revoked under this section.
49 Applications for bail not limited by this Division
Nothing in this Division limits the rights of an accused person in custody to apply for bail, and the person may so apply for bail notwithstanding that the power to review a decision already made in relation to bail to the person has not been, or has not been sought to be, exercised pursuant to this Division.