Bail Act 2000

1: Title
This Act is the Bail Act 2000.
2: Commencement
This Act comes into force on 1 January 2001.
3: Interpretation
In this Act, unless the context otherwise requires,— bodily sample
a: a sample of the person’s blood, breath, hair, or urine; or
b: any other sample of a similar kind from the person Class A controlled drug section 2(1) Class B controlled drug section 2(1) controlled drug section 2(1) conviction convicted court District Court the District Court drug dealing offence
a: any offence against section 6 12C(1)﻿(a)
b: an attempt to commit an offence referred to in paragraph (a) drug or alcohol condition
a: that is imposed under section 30(4) sections 21B(2) and (3) 40(4) 53(4) 54(4)
b: that prohibits a defendant from doing 1 or more of the following:
i: using (as defined in this section) a controlled drug:
ii: using a psychoactive substance:
iii: consuming alcohol drug or alcohol monitoring device
a: a controlled drug used by the person:
b: a psychoactive substance used by the person:
c: alcohol consumed by the person electronic monitoring address EM address electronic monitoring assessor EM assessor section 30E electronic monitoring condition EM condition section 30B family relationship section 12 family violence offence
a: against any enactment (including the Family Violence Act 2018
b: involving family violence (as defined in section 9 judicial officer section 5 medical laboratory technologist section 114(1)﻿(a) medical officer
a: a person acting in a hospital who, in the normal course of the person's duties, takes blood specimens; or
b: a nurse; or
c: a medical laboratory technologist medical practitioner section 114(1)﻿(a) nurse section 114(1)﻿(a) Police bail section 21(1) Police employee section 4 protected person section 8 psychoactive substance section 9 Registrar the District Court relevant occupant
a: in relation to an EM address that is a family residence, every person of or over the age of 16 years who ordinarily lives there; or
b: in relation to any other EM address, every person who the EM assessor identifies as being a relevant occupant for the purposes of section 30G temporary EM address section 30N testing using section 8(2)﻿(c) or (d) working day section 5 Section 3 bodily sample inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 Class A controlled drug inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 Class B controlled drug inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 committal for trial repealed 1 July 2013 section 15 Bail Amendment Act 2011 Section 3 controlled drug inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 court inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 District Court amended 1 March 2017 section 261 District Court Act 2016 Section 3 drug dealing offence replaced 4 September 2013 section 4(2) Bail Amendment Act 2013 Section 3 drug or alcohol condition inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 drug or alcohol monitoring device inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 electronic monitoring address EM address inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 electronic monitoring assessor EM assessor inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 electronic monitoring condition EM condition inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 family relationship inserted 3 December 2018 section 4 Family Violence (Amendments) Act 2018 Section 3 family violence offence inserted 3 December 2018 section 4 Family Violence (Amendments) Act 2018 Section 3 judicial officer inserted 1 July 2013 section 15 Bail Amendment Act 2011 Section 3 medical laboratory technologist inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 medical officer inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 medical practitioner inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 nurse inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 offence repealed 1 July 2013 section 15 Bail Amendment Act 2011 Section 3 Police bail inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 Police employee inserted 4 September 2013 section 4(1) Bail Amendment Act 2013 Section 3 protected person inserted 3 December 2018 section 4 Family Violence (Amendments) Act 2018 Section 3 psychoactive substance inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 Registrar amended 1 March 2017 section 261 District Court Act 2016 Section 3 relevant occupant inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 temporary EM address inserted 4 September 2013 section 4(3) Bail Amendment Act 2013 Section 3 testing inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 using inserted 15 May 2017 section 4 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 3 working day inserted 4 September 2013 section 4(1) Bail Amendment Act 2013
3AA: References to Family Violence Act 2018
2019-07-01 Bail Act 2000 Family Violence (Amendments) Act 2018 section 5(2), repeals this section on 1 July 2019. (Doreen 7/12/18). Section 3AA repealed 1 July 2019 section 5(2) Family Violence (Amendments) Act 2018
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 3A inserted 15 May 2017 section 5 Bail (Drug and Alcohol Testing) Amendment Act 2016
4: Act binds the Crown
This Act binds the Crown.
5: Purpose
The purpose of this Act is to reform and restate the law relating to bail.
1: General provisions regarding bail
6: Application of this Part
Unless expressly stated otherwise in this or in any other enactment, any decision regarding the granting of bail under this Act is subject to the provisions of this Part.
7: Rules as to granting bail
1: A defendant is bailable as of right who is charged with an offence that is not punishable by imprisonment.
2: A defendant is bailable as of right who is charged with an offence for which the maximum punishment is less than 3 years’ imprisonment, unless the offence is one against—
a: section 194
b: section 194A
3:
4: Despite anything in this section, a defendant who is charged with an offence punishable by imprisonment is not bailable as of right if the defendant has been previously convicted of an offence punishable by death or imprisonment.
5: Subject to sections 9 to 17 1961 No 43 s 319 Section 7(2) replaced 3 December 2018 section 6 Family Violence (Amendments) Act 2018 Section 7(3) repealed 4 September 2013 section 5 Bail Amendment Act 2013
8: Consideration of just cause for continued detention
1: In considering whether there is just cause for continued detention, the court must take into account—
a: whether there is a
i: the defendant may fail to appear in court on the date to which the defendant has been remanded; or
ii: the defendant may interfere with witnesses or evidence; or
iii: the defendant may offend while on bail; and
b: any matter that would make it unjust to detain the defendant.
2: In considering whether there is just cause for continued detention under subsection (1), the court may take into account the following:
a: the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
b: the strength of the evidence and the probability of conviction or otherwise:
c: the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:
d: the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
e: whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:
f: the likely length of time before the matter comes to hearing or trial:
g: the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody:
h: any other special matter that is relevant in the particular circumstances.
3:
3A: In deciding, in relation to a defendant charged with a family violence offence, whether or not to grant bail to the defendant or to allow the defendant to go at large, the court’s primary consideration is the need to protect—
a: the victim of the alleged offence; and
b: any particular person or people in a family relationship with the victim.
3B: Subsection (3A) is subject to subsection (3C).
3C: In deciding, in relation to a defendant charged with an offence against section 112
4: When considering an application for bail, the court must take into account any views of a victim of an offence of a kind referred to in section 29 section 30
4A: When considering an application for bail, the court must not take into account the fact that the defendant has provided, or may provide, information relating to the investigation or prosecution of any offence, including any offence committed or alleged to have been committed by the defendant.
4B: However, despite subsection (4A), the court may take into account the cooperation by the defendant with authorities in the investigation or prosecution of any offence if that cooperation is relevant to the court's assessment of the risk that the defendant will fail to appear in court, interfere with witnesses or evidence, or offend while on bail.
5: Section 8 substituted 1 October 2007 section 4 Bail Amendment Act 2007 Section 8(1)﻿(a) amended 17 December 2008 section 4(1) Bail Amendment Act 2008 Section 8(3) repealed 17 December 2008 section 4(2) Bail Amendment Act 2008 Section 8(3A) inserted 3 December 2018 section 7(1) Family Violence (Amendments) Act 2018 Section 8(3B) inserted 3 December 2018 section 7(1) Family Violence (Amendments) Act 2018 Section 8(3C) inserted 3 December 2018 section 7(1) Family Violence (Amendments) Act 2018 Section 8(4A) inserted 4 September 2013 section 6 Bail Amendment Act 2013 Section 8(4B) inserted 4 September 2013 section 6 Bail Amendment Act 2013 Section 8(5) repealed 3 December 2018 section 7(2) Family Violence (Amendments) Act 2018
9: Restriction on bail if defendant charged with treason or espionage
No defendant who is charged with a crime against section 73 section 76 section 78 1961 No 43 s 318(1)
9A: Restriction on bail if defendant charged with murder
1: This section applies to a defendant who is charged with murder under section 167 168
a: of or over the age of 18 years; or
b: aged 17 years and charged with the offence in the High Court.
2: No defendant to whom this section applies may be granted bail or allowed to go at large except by order of a High Court Judge or a District Court Judge.
3: No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
4: In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (3)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any offence involving violence against, or danger to the safety of, any other person.
5: In deciding whether or not to grant bail to a defendant to whom this section applies or to allow the defendant to go at large, the need to protect the safety of the public and, where appropriate, the need to protect the safety of any particular person or persons are the primary considerations. Section 9A inserted 4 September 2013 section 7 Bail Amendment Act 2013 Section 9A(1) replaced 1 July 2019 section 18 Oranga Tamariki Legislation Act 2019
10: Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence
1: This section applies to a defendant of or over the age of 18
1A: This section also applies to a defendant aged 17 years who is charged in the District Court or the High Court with a specified offence and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences).
2: In this section, specified offence
a: section 128B
b: section 132
c: section 134
d: section 167
e: section 168
f: section 171
g: section 173
h: section 188
i: section 189
j: section 191
k: section 198A
l: section 198B
m: section 208
n: section 209
o: section 232
p: section 234
q: section 235
r: section 236
3: No defendant to whom this section applies may be granted bail or allowed to go at large except by order of a High Court Judge or a District Court Judge.
4: No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
5: In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (4)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any offence involving violence against, or danger to the safety of, any other person.
6: In deciding whether or not to grant bail to a defendant to whom this section applies or allow the defendant to go at large, the need to protect the safety of the public and, where appropriate, the need to protect the safety of the victim or victims of the alleged offending, are primary considerations. 1961 No 43 s 318(2)–(5), (7) Section 10(1) amended 1 July 2019 section 19(1) Oranga Tamariki Legislation Act 2019 Section 10(1A) inserted 1 July 2019 section 19(2) Oranga Tamariki Legislation Act 2019 Section 10(2) replaced 4 September 2013 section 8 Bail Amendment Act 2013
11: Restriction on bail if defendant with previous conviction for specified offence found guilty or pleads guilty to further specified offence
1: No defendant of or over the age of 18 section 10(2)
2: No defendant aged 17 years who is found guilty of, or pleads guilty to, a specified offence in the District Court or the High Court and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences) may, while waiting to be sentenced or otherwise dealt with for the first-mentioned specified offence, be granted bail or allowed to go at large. 1961 No 43 s 318(6) Section 11(1) amended 1 July 2019 section 20(1) Oranga Tamariki Legislation Act 2019 Section 11(2) inserted 1 July 2019 section 20(2) Oranga Tamariki Legislation Act 2019
12: Further restriction on bail in certain cases
1: This section applies to a defendant if—
a: the defendant is of or over the age of 18
i: is charged with an offence under the Crimes Act 1961
ii: at the time of the alleged commission of the offence was remanded at large or on bail awaiting trial for another offence under the Crimes Act 1961
iii: has at any time previously received a sentence of imprisonment (within the meaning of that term in section 4(1)
b: the defendant is of or over the age of 18
i: is charged with an offence that carries a maximum sentence of 3 or more years' imprisonment; and
ii: has previously received 14 or more sentences of imprisonment (within the meaning of that term in section 4(1)
iii: has previously been convicted of an offence that was committed while the defendant was remanded at large or on bail and that carries a maximum sentence of 3 or more years' imprisonment (whether or not the conviction resulted in any of the sentences of imprisonment
1A: This section also applies to a defendant if—
a: the defendant is aged 17 years and—
i: is charged in the District Court or the High Court with an offence under the Crimes Act 1961
ii: at the time of the alleged commission of the offence was remanded at large or on bail awaiting trial in the District Court or the High Court for another offence under the Crimes Act 1961
iii: has at any time previously received a sentence of imprisonment (within the meaning of that term in section 4(1)
b: the defendant is aged 17 years and—
i: is charged in the District Court or the High Court with an offence that carries a maximum sentence of 3 or more years’ imprisonment; and
ii: has previously received 14 or more sentences of imprisonment (within the meaning of that term in section 4(1)
iii: has previously been convicted of an offence that was committed while the defendant was remanded at large or on bail and that carries a maximum sentence of 3 or more years’ imprisonment (whether or not the conviction resulted in any of the sentences of imprisonment referred to in subparagraph (ii)).
2: For the purposes of subsections (1) and (1A) sentence of imprisonment
3: No defendant to whom this section applies may be granted bail or allowed to go at large except by order of a High Court Judge or a District Court Judge.
4: No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
5: In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (4)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit—
a: any offence involving violence against, or danger to the safety of, any other person; or
b: burglary or any other serious property offence.
6: For the purposes of subsection (5), serious property offence Part 10
7: In deciding whether or not to grant bail to a defendant to whom this section applies or allow the defendant to go at large, the need to protect the safety of the public and, where appropriate, the need to protect the safety of the victim or victims of the alleged offending, are primary considerations.
8: For the purposes of this section, a reference in this section to a sentence of imprisonment Criminal Justice Act 1985 Section 12(1)﻿(a) amended 1 July 2019 section 21(1) Oranga Tamariki Legislation Act 2019 Section 12(1)﻿(a)﻿(iii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 12(1)﻿(b) amended 1 July 2019 section 21(1) Oranga Tamariki Legislation Act 2019 Section 12(1)﻿(b)﻿(ii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 12(1)﻿(b)﻿(iii) amended 30 June 2002 section 186 Sentencing Act 2002 Section 12(1A) inserted 1 July 2019 section 21(2) Oranga Tamariki Legislation Act 2019 Section 12(2) amended 1 July 2019 section 21(3) Oranga Tamariki Legislation Act 2019 Section 12(2) amended 30 June 2002 section 186 Sentencing Act 2002 Section 12(8) added 30 June 2002 section 186 Sentencing Act 2002
13: Exercise of discretion when considering bail pending sentencing
1: If a defendant is found guilty or if a defendant pleads guilty, the court must not grant bail unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.
2: The onus is on the defendant to show cause why bail should be granted.
3: When considering the interests of justice under subsection (1), the court may, instead of the considerations in section 8
a: whether the defendant is likely to receive a sentence of imprisonment:
b: the likely length of time that will pass before the defendant is sentenced:
c: the personal circumstances of the defendant and the defendant's immediate family:
d: any other consideration that the court considers relevant.
4: If the defendant is unlikely to receive a sentence of imprisonment, this must count against the defendant being remanded in custody.
4A: Despite being satisfied that it would otherwise be in the interests of justice to grant bail, the court may remand the defendant in custody for the purpose described in subsection (4B) if it is satisfied that—
a: the defendant has breached a condition of bail imposed under section 30(3)
b: there is no other reasonable means to achieve the purpose described in subsection (4B).
4B: The purpose referred to in subsection (4A) is to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable time frame.
5: This section is subject to section 11 Section 13(4A) inserted 5 March 2012 section 4 Bail Amendment Act 2011 Section 13(4A)﻿(a) amended 15 May 2017 section 6 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 13(4B) inserted 5 March 2012 section 4 Bail Amendment Act 2011
14: Exercise of discretion when considering bail pending appeal
1: This section applies if an appellant—
a: is appealing his or her conviction or sentence, or both; and
b: is—
i: in custody; or
ii: in a home detention residence subject to a sentence of home detention.
1A: The court must not grant bail to the appellant unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.
2: The onus is on the appellant to show cause why bail should be granted.
3: When considering the interests of justice under subsection (1A) section 8
a: the apparent strength of the grounds of appeal:
b: the length of the sentence that has been imposed on the appellant:
c: the likely length of time that will pass before the appeal is heard:
d: the personal circumstances of the appellant and the appellant's immediate family:
e: any other consideration that the court considers relevant. Section 14(1) replaced 17 December 2016 section 8(1) Statutes Amendment Act 2016 Section 14(1A) inserted 17 December 2016 section 8(1) Statutes Amendment Act 2016 Section 14(3) amended 17 December 2016 section 8(2) Statutes Amendment Act 2016 Special provision as to bail of young persons remanded Heading amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
15: Granting of bail to defendant
who is 18 years of age or younger
1: A court that remands a defendant at any stage of the proceedings for the offence with which the defendant is charged, including for sentence, must release the defendant on bail or otherwise subject to such conditions as it thinks fit if—
a: the defendant appears to the court to be 18
b: the defendant has not previously been sentenced to imprisonment.
2: Subsection (1) is subject to—
a: sections 7 9 to 12 16 to 17A
b: section 175 but no other enactment.
2A: A court that remands a defendant at any stage of the proceedings for the offence with which the defendant is charged, including for sentence, must release the defendant on bail or otherwise subject to such conditions as it thinks fit if—
a: the defendant is 17 years old; and
b: the defendant is charged with, or convicted of, any offence in the District Court or the High Court; and
c: the defendant has not previously been sentenced to imprisonment.
2B: Subsection (2A) is subject to—
a: sections 7 9 to 12 16 to 17A
b: section 175
3: Subject to sections 171(1) 172(1) Oranga Tamariki Act 1989 the District Court 1985 No 120 s 142(4) Section 15 heading amended 1 July 2019 section 22(1) Oranga Tamariki Legislation Act 2019 Section 15 heading amended 4 September 2013 section 9(1) Bail Amendment Act 2013 Section 15(1) replaced 4 September 2013 section 9(2) Bail Amendment Act 2013 Section 15(1)﻿(a) amended 1 July 2019 section 22(2) Oranga Tamariki Legislation Act 2019 Section 15(2)﻿(a) amended 4 September 2013 section 9(3) Bail Amendment Act 2013 Section 15(2)﻿(b) replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 15(2A) inserted 1 July 2019 section 22(3) Oranga Tamariki Legislation Act 2019 Section 15(2B) inserted 1 July 2019 section 22(3) Oranga Tamariki Legislation Act 2019 Section 15(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 15(3) amended 1 March 2017 section 261 District Court Act 2016 Section 15(3) amended 1 July 2013 section 15 Bail Amendment Act 2011 Special provisions in respect of bail for drug dealing offences
16: Judge only may grant bail for drug dealing offence
A defendant who is charged with or convicted of a drug dealing offence may be granted bail by order of a High Court Judge or District Court Judge but not otherwise. Section 16 replaced 4 September 2013 section 10 Bail Amendment Act 2013
17: Bail for drug dealing offence may be continued or renewed by District Court
Section 17 repealed 4 September 2013 section 11 Bail Amendment Act 2013
17A: Restriction on bail if defendant charged with serious Class A drug offence
1: This section applies to a defendant who is charged with a serious Class A drug offence and who is—
a: of or over the age of 18 years; or
b: aged 17 years and is charged with the offence in the District Court or the High Court.
2: No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.
3: In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (2)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any drug dealing offence.
4: In this section, serious Class A drug offence
a: an offence under section 6 12C(1)﻿(a)
b: an attempt to commit an offence in paragraph (a). Section 17A inserted 4 September 2013 section 12 Bail Amendment Act 2013 Section 17A(1) replaced 1 July 2019 section 23 Oranga Tamariki Legislation Act 2019 General provisions relating to bail hearings
18: Bail hearing may be in private
A court may, having regard to the interests of the defendant or any other person and to the public interest, order that the whole or any part of an application for bail or an appeal against a bail decision be heard in private.
19: Publication of matters relating to hearing
1: No person may publish a report or account of any matters dealt with at a bail hearing, apart from the following matters:
a: the identity of the defendant applying for bail:
b: the charges faced by the defendant:
c: the decision of the court on the application:
d: the conditions of bail, if bail is granted.
2: Despite subsection (1), a court may make an order—
a: that permits publication of other details; or
b: that prohibits publication of all or any of the details set out in subsection (1)﻿(a) to (d).
3: The general prohibition on publication of details of a bail hearing under subsection (1), and any specific prohibition that is ordered under subsection (2)﻿(b), applies until—
a: the conclusion of the defendant's trial; or
b: any earlier time ordered by the court.
4: For the purposes of subsection (3), the conclusion of the defendant's trial
a: the expiry of the appeal period for an appeal of the decision or verdict at the defendant's trial; or
b: if the decision or verdict is appealed, the date on which that appeal is finally determined or withdrawn.
5: Every person commits an offence who knowingly or recklessly publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months:
b: in the case of a body corporate, to a fine not exceeding $100,000.
6: Every person commits an offence who publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $25,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
7: Subsection (6) does not apply to a person who hosts material on websites or other electronic retrieval systems that can be accessed by a user unless the specific details have been placed or entered on the site or system by that person.
8: In a prosecution for an offence against subsection (6), it is not necessary for the prosecution to prove that the defendant intended to commit an offence. Section 19 replaced 5 March 2012 section 5 Bail Amendment Act 2011
20: Evidence in bail hearing
1: In hearing an application for bail a court may receive as evidence any statement, document, information, or matter that it considers relevant, whether or not it would be otherwise admissible in a court of law.
2: Despite subsection (1), when considering the matter described in section 8(2)﻿(b)
a: the court may only consider a statement, document, information, or matter that would be admissible in a court of law if made by the appropriate person or given or produced in proper form; but
b: for the purpose of the bail hearing, it does not matter whether the evidence—
i: is given or produced by the appropriate person or given or produced in sworn or unsworn form; or
ii: is otherwise given or produced in a form in which it would be admissible in a court of law. Section 20(2) substituted 19 December 2002 section 3 Bail Amendment Act 2002
2: Police bail
21: Police employee may grant bail
1: Any Police employee may, if he or she considers it prudent to do so, grant bail ( Police bail
2: Subsection (1) does not apply in any case to which any of section 9 9A 10 12 16 17A
2A: In determining whether it is prudent to grant Police bail to a defendant charged with a family violence offence, the Police employee must make the primary consideration the need to protect—
a: the victim of the alleged offence; and
b: any particular person or people in a family relationship with the victim.
2B: Subsection (2A) is subject to subsection (3).
3: In determining whether it is prudent to grant Police bail to a defendant charged with an offence against section 112
4: Despite section 7 Section 21 replaced 4 September 2013 section 13 Bail Amendment Act 2013 Section 21(2A) inserted 3 December 2018 section 8 Family Violence (Amendments) Act 2018 Section 21(2B) inserted 3 December 2018 section 8 Family Violence (Amendments) Act 2018 Section 21(3) replaced 3 December 2018 section 8 Family Violence (Amendments) Act 2018
21A: Notice of Police bail
1: A Police employee who grants Police bail must ensure that a notice of Police bail is completed in accordance with subsection (2).
2: A notice of Police bail must—
a: state—
i: the defendant's full name and address; and
ii: the particulars of the charge; and
iii: the conditions of bail, including the time, date, and place for attendance by the defendant before a court; and
iv: any other information required by rules made under section 386
b: be dated.
3: A Police employee who grants Police bail must—
a: give the notice of Police bail to the defendant; and
b: ensure that the defendant understands the conditions of bail; and
c: ensure that the defendant authenticates the notice.
4: The date for attendance by the defendant before a court must not be later than 14 days from the date of the notice. Section 21A inserted 4 September 2013 section 13 Bail Amendment Act 2013
21B: Conditions of Police bail
1: It is a condition of every grant of Police bail that the defendant must attend personally before a court at the time, date, and place specified in the notice of bail.
2: A Police employee who grants Police bail may impose, in addition to the condition imposed by subsection (1), any condition of the bail that might be imposed by a judicial officer under section 30(2) or (4)
3: However, subsection (2) applies only if—
a: the time stated in the notice of Police bail for the appearance by the defendant before a court is less than 7 days from the date of that notice; or
b: the court that the defendant must attend will be closed for more than 7 consecutive days after the date of the defendant's arrest. Section 21B inserted 4 September 2013 section 13 Bail Amendment Act 2013
22: Conditions of Police bail granted to defendant charged with family violence offence
A Police employee who grants Police bail to a defendant charged with a family violence offence may impose as a condition of the bail (in addition to the condition or conditions imposed under section 21B
a: the victim of the alleged offence; and
b: any particular person residing, or in a family relationship, with the victim. Section 22 replaced 3 December 2018 section 9 Family Violence (Amendments) Act 2018
23: Bail and breach of protection order
1: If a person is arrested under section 113 section 112 Police employee section 21
2: Nothing in subsection (1) limits or affects the obligation of the Police to bring a person who is charged with an offence before a court as soon as possible.
3: If a person to whom subsection (1) applies is not brought before a court during the 24 hours immediately following the arrest, the person may, at the expiry of that period, be released on bail by a Police employee section 21
4: If a person to whom subsection (1) applies has also been charged with 1 or more other offences arising out of the same incident, the person must not be released on bail by a Police employee section 21 section 112 1995 No 86 s 51 Section 23(1) amended 3 December 2018 section 10(1) Family Violence (Amendments) Act 2018 Section 23(1) amended 1 October 2008 section 130(1) Policing Act 2008 Section 23(3) amended 1 October 2008 section 130(1) Policing Act 2008 Section 23(4) amended 3 December 2018 section 10(2) Family Violence (Amendments) Act 2018 Section 23(4) amended 28 October 2009 section 7 Bail Amendment Act 2009 Section 23(4) amended 1 October 2008 section 130(1) Policing Act 2008
24: Failure to answer Police bail
1: A defendant commits an offence if he or she, having been released on Police bail under section 21
a: fails without reasonable excuse to attend personally at the time and the court specified in the notice of Police bail; or
b: fails without reasonable excuse to attend personally at the time and place to which the hearing has been adjourned under section 167(2)
2: A person who commits an offence under subsection (1) is liable on conviction to—
a: imprisonment for a term not exceeding 3 months; or
b: a fine not exceeding $1,000. Section 24 replaced 4 September 2013 section 14 Bail Amendment Act 2013
25: Effect on bond of attendance or non-attendance of person bailed by
constable Section 25 repealed 4 September 2013 section 15 Bail Amendment Act 2013
26: Breach of condition of Police bail
Sections 39 and 54A section 21 Section 26 replaced 4 September 2013 section 16 Bail Amendment Act 2013 Section 26 amended 14 November 2018 section 92 Courts Matters Act 2018
3: Court bail
Part 3 replaced 1 July 2013 section 15 Bail Amendment Act 2011
Subpart 1: Granting of bail on adjournment
Subpart 1 inserted 1 July 2013 section 15 Bail Amendment Act 2011
27: Bail on adjournment
1: In any case referred to in section 168(1)
2: A Registrar may exercise the power conferred by subsection (1) to grant bail if the prosecutor agrees. Section 27 replaced 1 July 2013 section 15 Bail Amendment Act 2011
28: Warrant for detention of defendant remanded on bail
If the defendant is granted bail under section 27 section 31(3)﻿(a)
a: issue a warrant
b: certify on Section 28 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 28(a) amended 4 September 2013 section 17(1) Bail Amendment Act 2013 Section 28(b) amended 4 September 2013 section 17(2) Bail Amendment Act 2013
29: Defendant, if bailable as of right, to be brought before court on request
1: A defendant who is bailable as of right must, if the defendant so requests, be brought before a court for the purpose of making an application for bail if—
a: the defendant has been remanded in custody under section 168
b: the defendant did not make application for bail under this Act at the time of the remand.
2: The application may be granted as if it were an application made at the time at which the defendant was remanded.
3: If bail is granted under this section, the particulars required to be certified by the judicial officer or Registrar under section 28(b) Section 29 replaced 1 July 2013 section 15 Bail Amendment Act 2011
30: Conditions of bail
1: Subject to sections 31 40
a: at the time and place at which the hearing is adjourned; or
b: at every time and place to which, during the course of the proceedings, the hearing may from time to time be adjourned.
2: A judicial officer or Registrar may impose, as further conditions of the defendant's release,—
a: an EM condition:
b: a condition that the defendant report to the Police at the time or times and at the place or places that the judicial officer or Registrar orders.
2A: However, a Registrar must not impose an EM condition under subsection (2)﻿(a) unless the prosecution agrees.
3: When considering bail pending sentencing, a judicial officer or Registrar may impose any condition that the judicial officer or Registrar considers reasonably necessary to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable timeframe.
4: Whether or not the judicial officer or Registrar imposes a condition under subsection (2) or (3), the judicial officer or Registrar may impose any other condition that the judicial officer or Registrar considers reasonably necessary to ensure that the defendant—
a: appears in court on the date to which the defendant has been remanded; and
b: does not interfere with any witness or any evidence against the defendant; and
c: does not commit any offence while on bail.
4A: However, a Registrar must not impose a drug or alcohol condition under subsection (4) unless the defendant consents to the condition being imposed.
5: Despite subsection (4), the judicial officer or Registrar must not require as a further condition of the defendant's release the deposit of any sum or the entering into of any obligation in the nature of a bond, guarantee, or surety, whether by the defendant or any other person.
6: Subsection (5) does not apply if bail is granted by the High Court. Section 30 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 30(2) replaced 4 September 2013 section 18 Bail Amendment Act 2013 Section 30(2A) inserted 4 September 2013 section 18 Bail Amendment Act 2013 Section 30(4A) inserted 15 May 2017 section 7 Bail (Drug and Alcohol Testing) Amendment Act 2016
30AA: Imposition, and effect, of drug or alcohol condition
1: This section applies if a judicial officer or Registrar imposes a drug or alcohol condition on a defendant under section 30(4) sections 40(4) 53(4) 54(4)
2: The judicial officer or Registrar cannot direct, indicate, or require that the defendant undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the defendant to comply with all requirements arising from an authorised person giving the defendant notice under section 30T(1)
3: The judicial officer or Registrar must advise the defendant that the defendant must do any 1 or more of the following things if required to do so by notice given to the defendant by an authorised person under section 30T(1)
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol:
b: submit to continuous monitoring of the defendant's compliance with the drug or alcohol condition through a drug or alcohol monitoring device connected to the defendant’s body:
c: contact an automated system, and undergo testing for a controlled drug, a psychoactive substance, or alcohol if required by a response notice given by the automated system.
4: To avoid doubt, this section does not apply to a defendant who has been granted Police bail with a drug or alcohol condition. Section 30AA inserted 15 May 2017 section 8 Bail (Drug and Alcohol Testing) Amendment Act 2016
30AAA: Conditions of bail granted to defendant charged with family violence offence
A judicial officer or Registrar who grants bail to a defendant charged with a family violence offence may impose as a condition of the bail (in addition to the condition or conditions imposed under section 30
a: the victim of the alleged offence; and
b: any particular person residing, or in a family relationship, with the victim. Section 30AAA inserted 3 December 2018 section 11 Family Violence (Amendments) Act 2018 Electronic monitoring condition Heading inserted 4 September 2013 section 19 Bail Amendment Act 2013
30A: Purpose of EM condition
The purpose of an EM condition is to restrict and monitor a defendant's movements to ensure that the defendant—
a: appears in court on the date to which the defendant has been remanded; and
b: does not interfere with any witnesses or any evidence against the defendant; and
c: does not commit any offence while on bail. Section 30A inserted 4 September 2013 section 19 Bail Amendment Act 2013
30B: When court may grant bail with EM condition
1: A court may grant bail with an EM condition if the defendant—
a: is eligible for bail with an EM condition; and
b: the court has satisfied itself as to the matters set out in section 30I
2: A defendant is eligible for bail with an EM condition if the defendant—
a: is in custody on remand, including if he or she has consented to being remanded in custody; and
b: is not liable to be detained in custody under any other sentence or order; and
c: if bail with an EM condition is granted, is likely to be on bail with an EM condition for not less than 14 days.
3: Nothing in this section limits the discretion of a court to remand the defendant in custody if there is just cause for continued detention.
4: For the purposes of the grant of bail with an EM condition, court Section 30B inserted 4 September 2013 section 19 Bail Amendment Act 2013
30C: Court must not grant bail with EM condition if less restrictive bail conditions suffice
A court must not grant bail with an EM condition if the court considers that a less restrictive condition or combination of conditions would be sufficient to ensure the outcomes set out in section 30A(a) to (c) Section 30C inserted 4 September 2013 section 19 Bail Amendment Act 2013
30D: Application for bail with EM condition
1: An application for bail with an EM condition must be in a form approved and issued under subsection (4).
2: On receiving the application, the Registrar must set the matter down for a hearing and notify the defendant, the Police, and the prosecuting agency (if not the Police) of the date, time, and place of the hearing.
3: The defendant must, as soon as practicable after receiving a notice of the hearing, serve a copy of the application on—
a: the Police; and
b: the prosecuting agency (if not the Police).
4: The chief executive of the Ministry of Justice must approve and publish a form for an application for bail with an EM condition. Section 30D inserted 4 September 2013 section 19 Bail Amendment Act 2013
30E: Responsibility for management of EM bail
1: The Minister of Justice, in consultation with the Minister of Police and the Minister of Corrections, may, by notice in writing, nominate 1 or both of the following as the person or persons responsible for the management of EM bail:
a: the Commissioner of Police:
b: the chief executive of the Department of Corrections.
2: The person or persons nominated under subsection (1) are responsible for the management of EM bail and may authorise their respective employees to act as EM assessors.
3: The Minister of Justice may make a nomination under subsection (1) from time to time, and, in consultation with the Minister of Police and the Minister of Corrections, may revoke a nomination by notice in writing to the person concerned. Section 30E inserted 4 September 2013 section 19 Bail Amendment Act 2013
30F: EM reports
1: If a defendant applies under section 30D
2: The purpose of an EM report is to assist the court hearing the application in determining whether an EM condition is practicable and appropriate.
3: An EM report must address all of the following matters:
a: whether an EM condition is appropriate:
b: whether an EM condition is practicable at the proposed EM address, including whether the monitoring equipment will function adequately at that address:
c: whether the proposed EM address is appropriate for electronic monitoring of the defendant, including whether there is any evidence of violence between—
i: the defendant and any occupant of the premises at that address; and
ii: the defendant and any person who may reasonably be expected to visit those premises:
d: whether every relevant occupant of the premises at the proposed EM address has consented, in accordance with section 30G(2)
e: if the defendant has been charged with an offence of a kind referred to in section 29
i: any victim of the alleged offence; and
ii: a parent or legal guardian of a victim of the alleged offence.
4: An EM report may address any of the following matters:
a: the defendant's personal circumstances, including employment, training, and childcare commitments:
b: recommendations for other bail conditions:
c: the response of the prosecuting agency to the application, including any reasons for opposing it:
d: any other matter that the EM assessor considers to be relevant to the decision whether or not to grant a defendant bail with an EM condition. Section 30F inserted 4 September 2013 section 19 Bail Amendment Act 2013
30G: EM assessor must ascertain whether relevant occupants consent to defendant remaining at EM address
1: In preparing an EM report in relation to an application under section 30D
2: Before ascertaining whether or not a relevant occupant consents, the EM assessor must—
a: ensure that the occupant—
i: is aware of the nature of the charges faced by the defendant; and
ii: is aware of the nature of any past offending by the defendant; and
iii: is aware of and understands the effects of an EM condition; and
b: inform the occupant that the information in paragraph (a) is given to the occupant to enable him or her to make an informed decision whether to consent to the defendant remaining at the EM address while on bail with an EM condition; and
c: inform the occupant that the information in paragraph (a) must be used only for the purpose of making the decision referred to in paragraph (b); and
d: inform the occupant that consent to the defendant remaining at the EM address while on bail with an EM condition can be withdrawn at any time and inform the occupant how he or she may withdraw his or her consent. Section 30G inserted 4 September 2013 section 19 Bail Amendment Act 2013
30H: Use of information obtained for EM report
1: The uses to which information obtained for the purpose of preparing an EM report under section 30F
a: use in the determination of the application to which the report relates:
b: use in the preparation of a pre-sentence report under section 26
c: any other use to which the defendant has consented.
2: EM information may not be used except in accordance with subsection (1). Section 30H inserted 4 September 2013 section 19 Bail Amendment Act 2013
30I: Court must be satisfied as to certain matters before granting bail with EM condition
1: The court hearing an application made under section 30D
a: the defendant has been made aware of and understands his or her obligations under the EM condition; and
b: the defendant agrees to comply with the requirements of the EM condition; and
c: it is practicable for the defendant to remain at the proposed EM address on bail with an EM condition; and
d: the proposed EM address is appropriate for the purpose of bail with an EM condition; and
e: every relevant occupant of the proposed EM address has consented to the defendant remaining at the proposed EM address while on bail with an EM condition; and
f: in each case the consent of the relevant occupant has been obtained after the steps set out in section 30G(2)
2: In considering whether to grant bail with an EM condition, the court—
a: must consider the EM report or previous EM report referred to in section 30F(1)
b: in particular, must have regard to any evidence of violence between the defendant and any occupant of the proposed EM address; and
c: may have regard to any other relevant information. Section 30I inserted 4 September 2013 section 19 Bail Amendment Act 2013
30J: Court must specify EM address
In granting bail with an EM condition, a court must specify the EM address. Section 30J inserted 4 September 2013 section 19 Bail Amendment Act 2013
30K: EM assessor must define area of EM address to which defendant is confined
1: An EM assessor must define the area of an EM address to which a defendant on bail with an EM condition is confined.
2: An EM assessor who defines the area of an EM address under subsection (1) must—
a: show the area to the defendant; and
b: advise the relevant occupants of the area. Section 30K inserted 4 September 2013 section 19 Bail Amendment Act 2013
30L: Defendant's obligations under EM condition
1: A defendant who is on bail with an EM condition must—
a: submit to the electronic monitoring of his or her compliance with the restrictions placed on his or her movements under paragraphs (b) and (c); and
b: not leave the EM address at any time except—
i: as authorised under section 30M
ii: to attend his or her scheduled court appearances; or
iii: to seek urgent medical or dental treatment; or
iv: to avoid or minimise a serious risk of death or injury to the defendant or any other person; or
v: to surrender himself or herself to Police custody; and
c: remain in the area of the EM address that has been defined by an EM assessor under section 30K
d: co-operate with, and comply with any lawful direction given by, an EM assessor; and
e: present himself or herself at the door of the EM address when required to do so by any member of the Police or an EM assessor; and
f: keep the notice of bail in his or her possession at the EM address and present it when required to do so by any member of the Police; and
g: allow an EM assessor access to the EM address for the purpose of speaking to another occupant of the EM address at the request of that occupant; and
h: not tamper with or damage the electronic monitoring equipment or do anything with the intention of interfering with the functioning of that equipment.
2: A breach by a defendant of an obligation under subsection (1) is a breach of the EM condition. Section 30L inserted 4 September 2013 section 19 Bail Amendment Act 2013
30M: Authorised absence from EM address
1: A court may, when granting bail with an EM condition, authorise the defendant to be absent from the EM address.
2: However, a Registrar may authorise a defendant to be absent from the EM address only if the prosecution agrees to that authorisation.
3: In authorising a defendant to be absent from the EM address, the court must specify—
a: the time or times during which the defendant may be absent; and
b: the purpose or purposes for which the defendant may be absent. Section 30M inserted 4 September 2013 section 19 Bail Amendment Act 2013
30N: EM assessor may approve temporary EM address
1: If the EM address becomes unsuitable or unavailable through a change of circumstances (including the withdrawal of consent of a relevant occupant),—
a: an EM assessor may approve a temporary EM address; and
b: within 5 working days after approving a temporary EM address, the EM assessor must make an application under section 33(1)﻿(b) 34(1)﻿(b)
2: Subsection (1)﻿(b) does not apply if, within 5 working days after approval of the temporary EM address, the defendant makes an application under section 33(1)﻿(a) 34(1)﻿(a)
3: The defendant must remain at the temporary EM address pending the determination of the application for variation, and section 30L(1)﻿(b) to (g), and (2)
4: If, in the opinion of the EM assessor, there is no suitable temporary EM address available, the EM assessor must notify the Police and the defendant without delay, and the defendant must surrender himself or herself to Police custody. Section 30N inserted 4 September 2013 section 19 Bail Amendment Act 2013
30O: Use of information obtained from electronic monitoring
Information that is obtained from the electronic monitoring of a defendant on bail with an EM condition may be used for the purpose set out in section 30A
a: verifying compliance by the defendant with bail conditions:
b: detecting non-compliance by the defendant with bail conditions and providing evidence of that non-compliance:
c: detecting the commission by the defendant of an offence and providing evidence of that offence:
d: verifying that the defendant has not tampered with or otherwise interfered with the electronic monitoring equipment. Section 30O inserted 4 September 2013 section 19 Bail Amendment Act 2013
30P: Court may remand defendant in custody pending installation of electronic monitoring equipment, etc
A court that grants bail with an EM condition may postpone the commencement of the bail and remand the defendant in custody for a period reasonably necessary for—
a: the installation of electronic monitoring equipment at the EM address:
b: the making of any other arrangement to enable the defendant to comply with the EM condition. Section 30P inserted 4 September 2013 section 19 Bail Amendment Act 2013
30Q: Defendant on bail with EM condition not in custody
A defendant on bail with an EM condition is not in custody. Section 30Q inserted 4 September 2013 section 19 Bail Amendment Act 2013
30R: Bail with EM condition does not affect entitlements under
Social Security Act 2018 The fact that a defendant is on bail with an EM condition does not, of itself, affect any entitlement the defendant may have under the Social Security Act 2018 Section 30R inserted 4 September 2013 section 19 Bail Amendment Act 2013 Section 30R heading amended 26 November 2018 section 459 Social Security Act 2018 Section 30R amended 26 November 2018 section 459 Social Security Act 2018
30S: Subsequent application for bail with EM condition
Nothing in this Act prevents a defendant, who has previously applied for bail without an EM condition and been refused, from subsequently applying for bail with an EM condition on the same charges. Section 30S inserted 4 September 2013 section 19 Bail Amendment Act 2013 Testing and monitoring of defendants on bail with drug or alcohol conditions Heading inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30T: Defendant on bail (other than Police bail) with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
1: An authorised person may, by notice given to a defendant who is on bail (other than Police bail) with a drug or alcohol condition, require the defendant to do any 1 or more of the following:
a: undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 73AA(1)﻿(a)
b: submit, during a reasonable period specified in the notice, to continuous monitoring of the defendant's compliance with the drug or alcohol condition through a drug or alcohol monitoring device of a type prescribed in rules made under section 73AA(1)﻿(d)
c: contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 73AA(1)﻿(a)
2: An authorised person exercising that person’s discretion under subsection (1)—
a: must comply with any rules made under section 73AA(1)
b: may—
i: select a defendant to do what is specified in subsection (1)﻿(a), (b), or (c) in any manner (including randomly); and
ii: make a determination in respect of the defendant with or without evidence that the defendant has breached the condition; and
c: must, if requiring the defendant to do what is specified in subsection (1)﻿(a) or (c), determine the prescribed testing procedure to be used for the testing required under subsection (1)﻿(a), or required if the defendant is selected to undergo testing by an automated system that the defendant is required to contact under subsection (1)﻿(c).
3: A notice given to a defendant under subsection (1)﻿(b) may include a requirement that the defendant comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).
4: An automated system specified in a notice given under subsection (1)﻿(c) must include an automated selection method that determines, in any manner consistent with rules made under section 73AA(1)﻿(b)
5: Only a medical practitioner or medical officer may collect a blood sample from a defendant under this section.
6: In this section and in sections 30U to 30X authorised person
a: a constable; or
b: an employee of the Department of Corrections authorised by the chief executive of that department to require defendants to undergo testing, or submit to continuous monitoring, under this section. Section 30T inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30U: How notice of requirement to undergo testing or to submit to continuous monitoring may be given
1: An authorised person may give a defendant a notice under section 30T(1)
a: by giving the notice personally and in writing to the defendant:
b: by giving the notice personally and orally to the defendant, then, unless the notice requires the defendant only to undergo breath screening, as soon as practicable recording it in writing and giving a copy to the defendant:
c: if the notice is given under section 30T(1)﻿(a) section 209
2: An automated system must, in response to a defendant contacting it as required by a notice given under section 30T(1)﻿(c)
3: A notice given by an authorised person under subsection (1)﻿(c), or a response notice that is given by an automated system under subsection (2) and that requires a defendant to undergo testing, must specify the name and location of a testing facility to which the defendant is required to report to undergo testing, and the time or times when the defendant is required to report, under section 30V Section 30U inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30V: Where prescribed testing procedure may be carried out
1: An authorised person may require a defendant to undergo testing at the place where the defendant is given notice under section 30T(1)
2: Subsection (1) applies even if the place where the defendant is given notice personally by the authorised person is—
a: a public place (as defined in section 2(1)
b: a place that is wholly or partly outside a dwelling house, or any other building, at the defendant’s residential address.
3: However, a defendant cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)﻿(a) or (b) if the testing procedure involves the collection of blood or urine.
4: A defendant given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the defendant to undergo testing at the place where the defendant is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the defendant to undergo testing.
5: A defendant given a notice under section 30U(1)﻿(c) or (2) Section 30V inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30W: Breach of drug or alcohol condition
1: A defendant on bail with a drug or alcohol condition breaches the condition if the defendant—
a: uses a controlled drug or a psychoactive substance, or consumes alcohol, in contravention of the condition; or
b: refuses or fails, without reasonable excuse,—
i: to undergo a testing procedure when required to do so under sections 30T(1)﻿(a) 30V
ii: to submit to continuous monitoring when required to do so under section 30T(1)﻿(b)
iii: to comply with instructions specified in a notice given under section 30T(1)﻿(b)
iv: to accompany an authorised person, when required to do so under section 30V(4)
v: to contact a specified automated system when required to do so under section 30T(1)﻿(c)
vi: to report, at any time or times when required to do so under section 30V(5)
vii: to undergo a testing procedure when required to do so under sections 30T(1)﻿(c) 30V
viii: to allow 1 or more persons specified in subsection (2) to enter the defendant’s residential address for all or any of the following purposes:
A: attaching a drug or alcohol monitoring device to, or removing the device from, the defendant:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; or
c: does anything with the intention of diluting or contaminating a bodily sample required under section 30T(1)﻿(a) or (c)
d: tampers with a drug or alcohol monitoring device required under section 30T(1)﻿(b)
2: The persons referred to in subsection (1)﻿(b)﻿(viii) are—
a: an authorised person who has produced evidence of that person’s identity to the defendant; and
b: a person accompanying a person described in paragraph (a); and
c: a person who—
i: has produced evidence of that person’s identity to the defendant; and
ii: is authorised in writing by an authorised person to enter the defendant’s residential address for all or any of the following purposes:
A: attaching a drug or alcohol monitoring device to, or removing the device from, the defendant:
B: servicing or inspecting the device:
C: installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
iii: has produced that written authority to the defendant.
3: Subsection (1)﻿(b) to (d) does not apply to a defendant who has been granted Police bail with a drug or alcohol condition. Section 30W inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016
30X: Information obtained from drug and alcohol testing or monitoring
1: Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 30T(1)
a: may be used for all or any of the following purposes:
i: verifying compliance by the defendant with a drug or alcohol condition:
ii: detecting non-compliance by the defendant with a drug or alcohol condition, and providing evidence of that non-compliance:
iii: verifying that the defendant has not tampered or otherwise interfered with a drug or alcohol monitoring device:
iv: any purpose for which the defendant has requested, or consented to, the information being used; and
b: must not, except at the request or with the consent of the defendant, be used as evidence that the defendant committed an offence or for any other purpose not listed in paragraph (a).
2: A judicial officer or court may, in the absence of evidence that is available to the judicial officer or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—
a: is accurate; and
b: was obtained in the manner required by sections 30T to 30V Section 30X inserted 15 May 2017 section 9 Bail (Drug and Alcohol Testing) Amendment Act 2016 Procedures after defendant granted bail Heading inserted 1 July 2013 section 15 Bail Amendment Act 2011
31: Release of defendant granted bail
1: If a defendant is granted bail, the Registrar must prepare a notice of bail or a bail bond (whichever is applicable) setting out the conditions of bail imposed by or under section 30 or 30AAA
1A: If electronic monitoring is a condition of bail, the notice of bail must—
a: state the EM address; and
b: list the defendant's obligations, set out in section 30L
2: The Registrar or (as the case may require) the judicial officer or prison manager of the prison in which the defendant is detained must—
a: give the notice of bail or bail bond to the defendant; and
b: be satisfied that the defendant understands the conditions of bail; and
c: require the defendant to authenticate
3: If a defendant is granted bail, the judicial officer or Registrar may direct that the defendant be detained in the custody of the Court—
a: for such time, not exceeding 2 hours, as may be necessary to enable the notice of bail or bail bond to be prepared and authenticated
b: if, within the period of 2 hours, the defendant is not released (whether by reason of having refused to authenticate section 28
4: If bail is granted to a defendant who has been remanded in custody and is in custody only under the warrant issued in respect of the remand, the defendant must be released from custody as soon as is reasonably practicable after the defendant has authenticated
5: A copy of the notice of bail or bail bond must be given to the defendant on his or her release or as soon as practicable after that. Section 31 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 31(1) amended 3 December 2018 section 12 Family Violence (Amendments) Act 2018 Section 31(1A) inserted 4 September 2013 section 20(1) Bail Amendment Act 2013 Section 31(2)﻿(c) amended 4 September 2013 section 20(2) Bail Amendment Act 2013 Section 31(3)﻿(a) amended 4 September 2013 section 20(3) Bail Amendment Act 2013 Section 31(3)﻿(b) amended 4 September 2013 section 20(4) Bail Amendment Act 2013 Section 31(4) amended 4 September 2013 section 20(5) Bail Amendment Act 2013
32: Warrant of deliverance
Section 32 repealed 4 September 2013 section 21 Bail Amendment Act 2013
33: Variation of conditions of bail
1: The court for the time being having jurisdiction in the proceeding for an offence with which a defendant has been charged may,—
a: on the application of the defendant or the prosecutor, make an order varying or revoking any condition of bail or substituting or imposing any other condition of bail; and
b: on the application of an EM assessor, make an order varying the EM address.
2: However, in the case of the variation of an EM condition, the only orders the court may make under subsection (1)﻿(a) in relation to that EM condition are—
a: an order authorising absence from the EM address:
b: an order varying or revoking any existing authorisation of absence from the EM address:
c: an order varying the EM address.
3: If the court makes an order under subsection (1) in relation to an EM condition, sections 30A to 30S
4: No application may be made under subsection (1) or (6) in respect of a bail bond that has been entered in any case where sureties are required, unless the sureties to the bail bond have consented to the making of the application.
5: A Registrar may exercise the power conferred by subsection (1) to make an order if—
a: the court for the time being having jurisdiction in the proceeding for an offence is the District Court; and
b: the prosecutor agrees.
6: If a court or Registrar has, in granting bail to any defendant, imposed the condition that the defendant report to the Police at such time or times and at such place or places as the court or Registrar orders, a Registrar may, on the application of the defendant, make an order varying the time or times or the place or places at which the defendant is required to so report. Section 33 replaced 14 November 2018 section 93 Courts Matters Act 2018
34: Consequences of variation of conditions of bail
1: If a court or Registrar varies or revokes any condition of bail or substitutes or imposes any other condition of bail under section 33(1)
a: if the defendant is present at the court, a Registrar must,—
i: as soon as is reasonably practicable, prepare a new notice of bail or bail bond (whichever is applicable) setting out the conditions of bail as amended (if any); and
ii: be satisfied that the defendant understands the conditions of bail; and
iii: require the defendant to authenticate the notice of bail or bail bond:
b: if the defendant is not present at the court, a Registrar must send written notice to the defendant and to every surety (if any) requiring them to attend at a specified time and place for the execution of a fresh notice of bail or bail bond that contains the conditions as amended (if any).
2: If, in any case to which subsection (1) applies, the defendant fails without reasonable excuse to attend at the time and place required, or fails to authenticate a fresh notice of bail or bail bond, the Registrar of the office of the court at the place where the condition of bail was varied or revoked or substituted or imposed must refer the matter to a Judge, who may issue a warrant for the arrest of the defendant.
3: A Registrar may exercise the power under subsection (2) to issue a warrant to arrest the defendant if the court for the time being having jurisdiction in the proceeding for an offence is the District Court. Section 34 replaced 14 November 2018 section 93 Courts Matters Act 2018
34A: Surrender of defendant on bail with EM condition
1: A defendant on bail with an EM condition—
a: must surrender himself or herself to Police custody if, for any reason (including the withdrawal of the consent of a relevant occupant), he or she is unable to remain at the EM address and no suitable temporary EM address is available; and
b: may surrender himself or herself to Police custody pending determination of an application under section 33 34
2: The Police must bring a defendant on bail with an EM condition who surrenders himself or herself to Police custody before a judicial officer at the earliest opportunity.
3: If a defendant on bail with an EM condition who is under the age of 18 sections 234(c) 235 236 Oranga Tamariki Act 1989
4: However, subsection (3) does not apply to a defendant aged 17 years who—
a: is charged with, or convicted of, any offence in the District Court or the High Court; and
b: is on bail with an EM condition for the offence or the alleged offence. Section 34A inserted 4 September 2013 section 24 Bail Amendment Act 2013 Section 34A(3) amended 1 July 2019 section 24(1) Oranga Tamariki Legislation Act 2019 Section 34A(3) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 34A(4) inserted 1 July 2019 section 24(2) Oranga Tamariki Legislation Act 2019
35: Defendant on bail may be arrested without warrant in certain circumstances
1: Any constable may arrest without warrant a defendant who has been released on bail by a court
a: the defendant has absconded or is about to abscond for the purpose of evading justice; or
b: the defendant has contravened or failed to comply with any condition of bail.
2: A defendant who is arrested under subsection (1) must,—
a: if released on bail by the District Court, a Registrar, or a Police employee before the District Court section 187
b: if released on bail in any circumstances to which paragraph (a) does not apply, be brought before a High Court Judge or a District Court Judge as soon as possible.
3: In any such case, the judicial officer, on being satisfied that the defendant had absconded or was about to abscond or has contravened or failed to comply with any condition of bail, must reconsider the question of bail.
4: After a defendant has been arrested under subsection (1), the defendant cannot be bailed as of right and is bailable only under section 7(5)
5: This section does not apply if section 36
6: Nothing in this section prevents a constable from seeking a warrant to arrest a defendant under section 37
7: Sections 215 to 232
a: has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
b: has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
c: is arrested without warrant under subsection (1). Section 35 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 35(1) amended 4 September 2013 section 25(1) Bail Amendment Act 2013 Section 35(2) replaced 4 September 2013 section 25(2) Bail Amendment Act 2013 Section 35(2)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 35(7) inserted 1 July 2019 section 25 Oranga Tamariki Legislation Act 2019
36: Arrest of defendant charged with drug dealing offence
1: If a defendant has been released on bail under section 16
a: the constable believes on reasonable grounds that the defendant has absconded or is about to abscond for the purpose of evading justice; or
b: the Police have been notified in writing by any surety for the defendant that the surety believes that the defendant has absconded or is about to abscond for the purpose of evading justice, and the constable is satisfied that there are reasonable grounds for that belief; or
c: the constable believes, on reasonable grounds, that the defendant has broken, is breaking, or is about to break, any condition of bail (whether imposed under section 30
d: the Police have been notified by any surety for the defendant that the surety believes that the defendant has broken, is breaking, or is about to break, any such condition of bail, and the constable is satisfied that there are reasonable grounds for that belief.
2: A defendant who has been arrested under subsection (1) must be brought before a High Court Judge or a District Court Judge
3: If a defendant is brought before a
4: If a defendant is brought before a
a: if satisfied on the balance of probabilities that the defendant has broken, was breaking, or was about to break any condition of bail, remand the defendant in custody; or
b: release the defendant.
5: If a defendant is released under subsection (4)﻿(b), the defendant's bail
6: Despite subsections (4)﻿(b) and (5), if a defendant was arrested under subsection (1)﻿(d), the Judge may release the defendant under subsection (4)﻿(b) only if—
a: the surety consents in writing to the release; or
b: a fresh bail bond is issued.
7: Nothing in this section prevents a constable from seeking a warrant to arrest a defendant under section 37
8: Sections 215 to 232
a: has been charged with, or convicted of, a drug dealing offence in the District Court or the High Court; and
b: has been released on bail for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
c: is arrested without warrant under subsection (1). Section 36 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 36(2) amended 4 September 2013 section 26(1) Bail Amendment Act 2013 Section 36(3) amended 4 September 2013 section 26(2) Bail Amendment Act 2013 Section 36(4) amended 4 September 2013 section 26(3) Bail Amendment Act 2013 Section 36(5) amended 4 September 2013 section 26(4) Bail Amendment Act 2013 Section 36(8) inserted 1 July 2019 section 26 Oranga Tamariki Legislation Act 2019
36A: Offence to refuse authorised person entry to EM address
1: A person ( A
2: A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.
3: In subsection (1), authorised person
a: an EM assessor who has identified himself or herself to A; or
b: a person accompanying a person described in paragraph (a); or
c: a person who—
i: has identified himself or herself to A; and
ii: is authorised in writing by an EM assessor to enter the EM address for the purpose of servicing or inspecting any electronic monitoring equipment at that address; and
iii: has produced that written authority to A. Section 36A inserted 4 September 2013 section 27 Bail Amendment Act 2013
37: Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail
1: A judicial officer or Registrar may issue a warrant
a: the judicial officer or Registrar is satisfied by evidence on oath that—
i: the defendant has absconded or is about to abscond for the purpose of evading justice; or
ii: the defendant has contravened or failed to comply with any condition of bail; or
b: the defendant—
i: does not attend personally at the time and place specified in the notice of bail or, as the case may be, the bail bond; or
ii: does not attend personally at any time or place to which during the course of the proceedings the hearing has been adjourned.
2: A warrant to arrest a defendant under this section must be directed to a constable by name or generally to every constable.
3: The warrant may be executed by any constable.
4: For the purpose of executing a warrant issued under this section, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the defendant against whom it is issued is on those premises.
5: The constable executing the warrant—
a: must have the warrant, or a copy of it, with him or her; and
b: must produce it, or a copy of it, on initial entry and, if requested, at any subsequent time; and
c: if he or she is not in uniform, produce evidence that he or she is a constable.
6: If a defendant is arrested under a warrant issued under this section,—
a: section 35(2) to (4) section 35(1)
b: in the case of a person who is charged with or convicted of a drug dealing offence and who has been released on bail in relation to that offence, section 36(2) to (6) section 36(1)
7: In this section, judicial officer or Registrar
a: for proceedings in the District Court, a judicial officer or Registrar of the District Court
b: for proceedings in the High Court, a Judge or Registrar of the High Court:
c: for proceedings in the Court of Appeal or the Supreme Court, a Judge or Registrar of the High Court. Section 37 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 37(1) amended 4 September 2013 section 28(1) Bail Amendment Act 2013 Section 37(7) replaced 4 September 2013 section 28(2) Bail Amendment Act 2013 Section 37(7)﻿(a) amended 1 March 2017 section 261 District Court Act 2016
38: Failure to answer bail
A defendant commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $2,000 who, having been released on bail by the Supreme Court, the Court of Appeal, the High Court, the District Court
a: fails without reasonable excuse to attend personally at the time and the court specified in the notice of bail or bail bond; or
b: fails without reasonable excuse to attend personally at any time and place to which during the course of the proceedings the hearing has been adjourned; or
c: fails without reasonable excuse to comply with any condition imposed under section 40(3) Section 38 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 38 amended 1 March 2017 section 261 District Court Act 2016
39: Non-performance of condition of bail may be certified and recorded
1: If a defendant who has been released on bail at any time fails to comply with any condition of bail, a judicial officer may certify on
2: A certificate given by a judicial officer under subsection (1) is, in the absence of proof to the contrary, sufficient evidence for the purposes of sections 24 38
3: In addition to the certification described in subsection (1), if a defendant who has been released on bail at any time fails to comply with any condition of bail, without reasonable excuse, a judicial officer must direct the Registrar section 184
4: Despite subsection (3), the judicial officer may decide not to direct that the failure to comply be entered in the court record if in the judicial officer's opinion the failure to comply is of such a minor nature that it does not warrant being taken into account when considering an application for bail from the defendant on a subsequent occasion.
5: A failure to comply with any condition of bail that is entered in the court record under subsection (3) may be considered in any subsequent application for bail made by that defendant over his or her lifetime.
6: In this section, judicial officer
a: any judicial officer, if the defendant was released on bail by the District Court, a Registrar, or a Police employee section 187
b: a Judge, if any of the matters set out in paragraph (a) do not apply. Section 39 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 39(1) amended 4 September 2013 section 29(1) Bail Amendment Act 2013 Section 39(3) amended 4 September 2013 section 29(2) Bail Amendment Act 2013 Section 39(6) replaced 4 September 2013 section 29(3) Bail Amendment Act 2013 Section 39(6)﻿(a) amended 1 March 2017 section 261 District Court Act 2016
39A: Court must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety
1: If a defendant’s failure to comply with a condition of bail has been entered in the court record under section 39(3)
2: The court must order money forfeited under a bail bond to be paid to the Crown, unless the court considers that equity and good conscience and the real merits and justice of the case require the money to be returned to the surety. 1950 No 54 s 21 Section 39A inserted 8 September 2018 section 39(2) Statutes Amendment Act 2018
Subpart 2: Bail on deferment of sentence
Subpart 2 inserted 1 July 2013 section 15 Bail Amendment Act 2011
40: Bail on deferment of sentence
1: This section applies if the start date of a sentence imposed on an offender is deferred under section 80W 100
2: If this section applies, the court that defers the start date of the offender's sentence must grant the offender bail.
3: An offender who is granted bail under this section must be released on condition that the offender must,—
a: if the sentence is deferred under section 80W
i: go to and remain at the home detention residence (as defined in section 4 section 80C(3)﻿(a) or (b)
ii: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
b: if the sentence is deferred under section 100
4: The provisions of sections 30 to 39 41 to 44
5: If any decision is made by the District Court or the High Court under section 33(1) sections 41 to 43
6: Section 40 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 40(4) amended 14 November 2018 section 94(1) Courts Matters Act 2018 Section 40(5) replaced 14 November 2018 section 94(2) Courts Matters Act 2018 Section 40(6) repealed 14 November 2018 section 94(2) Courts Matters Act 2018
Subpart 3: Appeals on question of bail
Subpart 3 inserted 1 July 2013 section 15 Bail Amendment Act 2011 Appeals from decisions of Justices or Community Magistrates Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
41: Interpretation
In this subpart, unless the context otherwise requires, appeal court
a: if a decision of a Justice or Justices or a Community Magistrate or Community Magistrates is appealed against, the District Court presided over by a District Court Judge:
b: if a decision of a District Court Judge is appealed against, the High Court:
c: if a decision of the High Court is appealed against, the Court of Appeal:
d: if a decision of the Court of Appeal is appealed against, the Supreme Court. Section 41 replaced 14 November 2018 section 95 Courts Matters Act 2018
42: Appeal against decision relating to bail
1: If a court refuses to grant bail to a defendant (whether before or after conviction and whether under any enactment or rule of law or otherwise), the defendant may appeal to the appeal court against that decision.
2: If a court grants bail to a defendant (whether before or after conviction and whether under any enactment or rule of law or otherwise), the prosecutor may appeal to the appeal court against that decision.
3: If a court imposes, or refuses to impose, any condition of bail, or makes or refuses to make an order under section 33
4: For the purposes of an appeal under this section, the failure to impose a condition of bail on any occasion on which the condition could lawfully be imposed is deemed to be a refusal to impose the condition.
5: No person may seek bail in the High Court under that court’s inherent jurisdiction if the person has a right of appeal to a District Court Judge under this section.
6: An appeal under this section is by way of rehearing. Section 42 replaced 14 November 2018 section 95 Courts Matters Act 2018
43: Procedure relating to appeal under section 42
1: Sections 273 to 275 subpart 12 section 42
2: Despite any other enactment or rule of law, on the hearing of the appeal under section 42
a: any note or transcript of the evidence adduced to the court appealed from; or
b: any note of the reasons for the decision appealed against; or
c: any copy of any note or transcript referred to in paragraph (a) or (b).
3: Every decision of the appeal court on an appeal under section 42
4: No decision appealed against under section 42
5: An appeal under section 42
a: lapses on that date; and
b: is deemed to be abandoned.
6: If the defendant does not appear at the hearing of the appeal under section 42(2) Section 43 replaced 14 November 2018 section 95 Courts Matters Act 2018 Appeals from decisions of District Court Judges Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
44: Execution of decision of appeal court on appeal relating to bail under section 42
1: If, on an appeal under section 42
2: The person who executes a warrant issued under subsection (1) must ensure that a copy of the notice of the result of the appeal is given to the defendant when the warrant is executed or as soon as practicable after the warrant is executed.
3: If, on an appeal under section 42
a: the appeal court must order that the defendant be released on bail; and
b: sections 30 31
4: If, on an appeal under section 42
a: if the defendant is present at the appeal court, a Registrar must,—
i: as soon as is reasonably practicable, prepare a new notice of bail or bail bond (whichever is applicable) setting out the conditions of bail as amended (if any); and
ii: be satisfied that the defendant understands the conditions of bail; and
iii: require the defendant to authenticate the notice of bail or bail bond:
b: if the defendant is not present at the appeal court, a Registrar of the court appealed from must send written notice to the defendant and to every surety (if any) requiring them to attend at a specified time and place for the execution of a fresh notice of bail or bail bond that contains the conditions as amended (if any) required to give effect to the decision on the appeal.
5: If, in any case to which subsection (4) applies, the defendant fails without reasonable excuse to attend at the time and place required, or fails to authenticate a fresh notice of bail or bail bond, a Judge of the court appealed from may issue a warrant for the arrest of the defendant. Section 44 replaced 14 November 2018 section 95 Courts Matters Act 2018
45: Procedure relating to appeal under section 44
Section 45 repealed 14 November 2018 section 95 Courts Matters Act 2018
46: Execution of decision of High Court on appeal relating to bail
Section 46 repealed 14 November 2018 section 95 Courts Matters Act 2018 Appeals from decisions of High Court Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
47: Appeal from decision of High Court relating to bail
Section 47 repealed 14 November 2018 section 95 Courts Matters Act 2018
48: Procedure relating to appeal under section 47
Section 48 repealed 14 November 2018 section 95 Courts Matters Act 2018
49: Execution of decision of Court of Appeal on appeal relating to bail
Section 49 repealed 14 November 2018 section 95 Courts Matters Act 2018 Appeals from decisions of Court of Appeal on appeal Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
50: Execution of decision of Supreme Court on appeal relating to bail
Section 50 repealed 14 November 2018 section 95 Courts Matters Act 2018 Appeal against entry of non-performance of condition of bail Heading repealed 14 November 2018 section 95 Courts Matters Act 2018
51: Appeal against entry by Justice or Community Magistrate of non-performance of condition of bail in court record
Section 51 repealed 14 November 2018 section 95 Courts Matters Act 2018
52: Appeal against entry by District Court Judge or High Court Judge of non-performance of condition of bail in court record
Section 52 repealed 14 November 2018 section 95 Courts Matters Act 2018 Issue of warrant for detention in custody Heading inserted 4 September 2013 section 37 Bail Amendment Act 2013
52A: Period for which warrant for detention in custody may be issued
1: This section applies to a warrant issued under section 44(1)
2: A warrant to which this section applies must be issued for whichever of the following applies:
a: for the period of adjournment:
b: pending and during the defendant's trial:
c: pending the defendant being brought up for sentence and during his or her sentencing. Section 52A inserted 4 September 2013 section 37 Bail Amendment Act 2013 Section 52A(1) replaced 14 November 2018 section 96 Courts Matters Act 2018
Subpart 4: Bail pending appeal against conviction or sentence
Subpart 4 inserted 1 July 2013 section 15 Bail Amendment Act 2011
53: Granting of bail to appellant in custody
or on home detention
1: This section applies if an appellant—
a: is appealing his or her conviction or sentence, or both, to the District Court presided over by a District Court Judge; and
b: is—
i: in custody; or
ii: in a home detention residence subject to a sentence of home detention.
2: If the appellant is in custody , or is subject to a sentence of home detention,
a: at the discretion of the Justice or Justices or a Community Magistrate or Community Magistrates who presided over the District Court whose determination is appealed against; or
b: if that Justice or those Justices or that Community Magistrate or those Community Magistrates are not available, at the discretion of a District Court Judge or some other Justice or Community Magistrate.
3: Subject to the provisions of section 31 the District Court at the place where the appeal is being dealt with
4: If an appellant is granted bail under this section, the provisions of sections 30 to 33 35 37 38 39 51
5: If an appellant is granted or refused bail under this section, or any decision is made under section 33(1) sections 41 42
6: For the purposes of this section,—
a: an appellant is not deemed to be in custody only under the conviction to which the appeal relates if a direction has been given under section 83
b: an appellant is not deemed to be subject to a sentence of home detention only under the conviction to which the appeal relates if a direction has been given under section 80B
7: If an appeal is filed on a question of law under subpart 8 Section 53 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 53 heading amended 23 October 2013 section 6(1) Administration of Community Sentences and Orders Act 2013 Section 53(1) replaced 17 December 2016 section 9 Statutes Amendment Act 2016 Section 53(2) amended 23 October 2013 section 6(3) Administration of Community Sentences and Orders Act 2013 Section 53(3) amended 1 March 2017 section 261 District Court Act 2016 Section 53(4) amended 23 October 2013 section 6(4) Administration of Community Sentences and Orders Act 2013 Section 53(6) replaced 23 October 2013 section 6(5) Administration of Community Sentences and Orders Act 2013
54: Granting of bail to appellant in custody or on home detention pending appeal to High Court, Court of Appeal, or Supreme Court
1: This section applies if a person—
a: is in custody under a conviction or is subject to a sentence of home detention; and
b: is appealing against the conviction or sentence, or both, to the High Court, Court of Appeal, or Supreme Court (as the case requires).
2: If the appellant is in custody, or is subject to a sentence of home detention, only under the conviction to which the appeal relates, the appellant is bailable at any time before the hearing of the appeal—
a: at the discretion of the Judge who presided over the court whose determination is appealed against (if applicable); or
b: if that Judge is not available,—
i: if the decision was made by a District Court Judge, at the discretion of another District Court Judge; or
ii: if the decision was made by a High Court Judge, at the discretion of another High Court Judge; or
c: at the discretion of the Court of Appeal or Supreme Court (in the case of an appeal to the Court of Appeal or to the Supreme Court).
3: Subject to the provisions of section 31
4: If an appellant is granted bail under this section, the provisions of sections 30 to 33 35 to 39 54A
5: If an appellant is granted or refused bail under this section, or if any decision is made under section 33(1) sections 42 43
6: Section 53(6)
7: If an appeal is filed on a question of law under subpart 8 Section 54 replaced 14 November 2018 section 97 Courts Matters Act 2018
54A: Appeal against entry by court of non-performance of condition of bail in court record
1: If a court directs, under section 39
2: After considering an appeal under subsection (1), the appeal court Judge may order that—
a: the direction stand; or
b: the direction be amended; or
c: the direction be revoked.
3: There is no further right of appeal against a direction to enter the non-performance of a condition of bail in the court record than that given by this section.
4: No direction appealed against under this section is suspended merely because notice of that appeal has been given. Section 54A inserted 14 November 2018 section 97 Courts Matters Act 2018
55: When person is in custody or on home detention for purposes of section 54
For the purposes of section 54
a: an appellant is not deemed to be in custody only under the conviction to which the appeal relates if a direction has been given under section 83
b: an appellant is not deemed to be subject to a sentence of home detention only under the conviction to which the appeal relates if a direction has been given under section 80B Section 55 replaced 14 November 2018 section 97 Courts Matters Act 2018
56: Appeals on questions of law
If under section 302(2) the District Court Criminal Procedure Act 2011
a: allow the defendant to go at large; or
b: grant the defendant bail; or
c: remand the defendant in custody. Section 56 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 56 amended 1 March 2017 section 261 District Court Act 2016
57: Intermediate effects of appeal
1: In every case where an appeal court directs a new trial or remits a sentence, the court must, in accordance with the applicable provisions of this Act and the Criminal Procedure Act 2011
a: allow the defendant to go at large; or
b: grant the defendant bail; or
c: remand the defendant in custody.
2: If no application for bail has been made to the appeal court, the defendant may at any time apply to a High Court Judge or a District Court Judge (as the case may require), who may in the Judge's discretion grant bail on such terms and subject to such conditions as the Judge thinks fit. Section 57 replaced 1 July 2013 section 15 Bail Amendment Act 2011
58: Time on bail pending appeal not to be taken as time served
1: Section 95
1A: For the purposes of section 343(b)
2: For the purpose of calculating how much time an offender who is subject to a sentence of home detention has served, time ceases to run on the sentence during any period in which the offender is released on bail pending an appeal. Section 58 replaced 23 October 2013 section 9 Administration of Community Sentences and Orders Act 2013 Section 58(1A) inserted 14 November 2018 section 98 Courts Matters Act 2018
59: Surrender of appellant released on bail
from sentence of imprisonment
1: An appellant who has been released from custody on bail pending the hearing of the appeal may surrender himself or herself and apply to a judicial officer of the court that released the appellant
2: A judicial officer who discharges the bail of an appellant Section 59 replaced 1 July 2013 section 15 Bail Amendment Act 2011 Section 59 heading amended 23 October 2013 section 10(1) Administration of Community Sentences and Orders Act 2013 Section 59(1) amended 23 October 2013 section 10(2) Administration of Community Sentences and Orders Act 2013 Section 59(2) amended 23 October 2013 section 10(3) Administration of Community Sentences and Orders Act 2013 Section 59(2) amended 4 September 2013 section 39 Bail Amendment Act 2013
60: Surrender of appellant released on bail from sentence of home detention
1: An appellant who has been released from a sentence of home detention on bail pending the hearing of an appeal may surrender himself or herself and apply to a District Court Judge for the discharge of bail, and the District Court Judge may order that the appellant resume serving the sentence of home detention.
2: If an appellant applies for the discharge of bail under subsection (1)
a: if the appellant has been on bail for longer than 2 months, adjourn the matter to enable a probation officer to obtain the information required under subsection (3)
b: either—
i: remand the appellant in custody; or
ii: grant the appellant bail for the period of the adjournment.
3: Before ordering that an appellant resume serving a sentence of home detention under subsection (1)
a: whether the home detention residence is still available and suitable; and
b: whether every relevant occupant (as defined in section 26A(4)﻿(a)
4: If a District Court Judge orders that the appellant resume serving the sentence of home detention,—
a: the appellant must go to and remain at the home detention residence unless absent in accordance with section 80C(3)﻿(a) or (b)
b: the sentence of home detention resumes when the appellant has arrived at the home detention residence under paragraph (a) Section 60 inserted 23 October 2013 section 11 Administration of Community Sentences and Orders Act 2013
4: Bail when proceedings taken by way of indictment
Part 4 repealed 1 July 2013 section 15 Bail Amendment Act 2011
5: Miscellaneous provisions
73: Rules relating to practice and procedure of courts
1: The Governor-General may, by Order in Council, make rules regulating the practice and procedure of any court in proceedings under this Act.
2: Until rules are made under this section, or if they are made so far as they do not extend, the existing practice and procedure in New Zealand in relation to bail is not affected as far as it is not altered by or inconsistent with the provisions of this Act.
3: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 73 heading replaced 15 May 2017 section 10 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 73(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
73AA: Rules about drug and alcohol testing and monitoring
1: The Commissioner may
a: prescribing, for the purposes of section 30T(1)﻿(a) and (c)
b: specifying how often each of the prescribed testing procedures may be carried out:
c: prohibiting authorised persons from requiring a defendant to undergo certain testing procedures if other less intrusive testing procedures are available and are sufficient in the circumstances:
d: prescribing, for the purposes of section 30T(1)﻿(b)
e: specifying restrictions as to how often, and for how long,—
i: continuous monitoring may be carried out:
ii: a defendant may be required to contact an automated system:
f: prescribing, for any 1 or more of the following, minimum levels that must be present in a bodily sample collected from a defendant in order for the sample to be used as evidence that the defendant has breached a drug or alcohol condition:
i: controlled drugs:
ii: psychoactive substances:
iii: alcohol.
2: In this section and in sections 73AAB 73AAC Commissioner
3: Rules under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publish it on a website maintained by, or on behalf of, the New Zealand Police and that is, so far as practicable, publicly available free of charge •	make it available for inspection free of charge •	make it available for sale at a reasonable price Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 73AA inserted 15 May 2017 section 11 Bail (Drug and Alcohol Testing) Amendment Act 2016 Section 73AA(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 73AA(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
73AAB: Further provisions concerning rules about drug and alcohol testing and monitoring
1: Rules made under section 73AA(1)﻿(a)
a: include, as part of the procedure, either or both of the following:
i: breath screening:
ii: the collection and analysis of a bodily sample:
b: require a defendant to be supervised by a person of the same sex as the defendant during the collection of a bodily sample required for testing:
c: provide for a defendant to elect, if the defendant meets in advance all actual and reasonable costs, to have part of a bodily sample (or 1 bodily sample from a set of samples collected at the same time) independently tested in a manner prescribed in the rules.
2: The Commissioner may make rules under section 73AA(1)
a: prescribe testing procedures that are no more intrusive than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
b: allow for defendants to be tested no more often than is reasonably necessary to ensure compliance with a drug or alcohol condition; and
c: ensure that defendants liable to testing and monitoring are afforded as much privacy and dignity as is reasonably practicable.
3: Subsection (1)﻿(b) overrides subsection (2)﻿(c). Section 73AAB inserted 15 May 2017 section 11 Bail (Drug and Alcohol Testing) Amendment Act 2016
73AAC: Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012
Section 73AAC repealed 28 October 2021 section 3 Secondary Legislation Act 2021
73A: Authentication of documents
1: Any warrant issued under this Act must be authenticated by the judicial officer or Registrar who issues the warrant.
2: The person who is required to authenticate a document (including a notice of bail or bail bond) under this Act does so—
a: by signing and dating the document; or
b: in the case of a document in electronic form, by any electronic means that adequately identifies that person and the date of authentication.
3: However, an affidavit or other document required to be sworn must be signed and dated.
4: In the absence of evidence to the contrary, any document is to be treated as having been authenticated in accordance with this section. Section 73A inserted 4 September 2013 section 40 Bail Amendment Act 2013
74: Repeal and enactments amended
1: The Crimes Amendment Act (No 2) 1991 is repealed.
2: The enactments specified in Schedule 2
75: Savings
Despite the repeal of any enactment by this Act, where any notice of appeal has been filed in any office of a court under any such enactment before the date of the commencement of this Act, and the appeal is not finally determined before that date, the provisions of that enactment continue to apply to that appeal in all respects as if this Act had not been passed.