Document ID: chunk:federal_register_of_legislation:F2008C00493:body:0:p17
Version: federal_register_of_legislation:F2008C00493
Segment Type: other
Provision Reference: 
Character Range: 37969–40600

of information about persons in custody

  If a friend, legal representative or relative of a person in the custody of a leader asks the leader for information about the whereabouts of the person, the leader must give that information to the person who made the request unless:
 (a) the person in custody does not agree to the giving of that information; or
 (b) the leader reasonably believes that the person requesting the information is not a friend, legal representative or relative of the person in custody; or
 (c) the leader reasonably believes that giving the information might result in:
 (i) action by an accomplice of the person in custody to avoid arrest; or
 (ii) concealment, fabrication or destruction of evidence in proceedings in respect of an offence; or
 (iii) harassment or intimidation of, or interference with, a person who may be required to give evidence in proceedings in respect of an offence.

Part 6 Bail and detention

Division 1 Bail

28 Applications for bail

 (1) As soon as practicable after a person has been charged, a special constable must tell the person in writing or, if that is impracticable, orally, that he or she may apply for bail.

 (2) A charged person or a detainee may apply to a Magistrate for bail.

 (3) Application for bail may be made orally or in writing.

 (4) A leader must make facilities available to the charged person or detainee that will enable him or her to apply for bail.

 (5) Subsection (2) does not prevent the making of further applications.

 (6) If a Magistrate does not grant an application for bail by a charged person or detainee, the Magistrate must immediately issue to the leader with custody of that person a warrant of detention in respect of the person in accordance with Form 5 unless a warrant of detention in respect of the person is already in force.

29 Grant of bail

 (1) The Magistrate must grant bail if:
 (a) an applicant for bail gives in the application an undertaking required by a Magistrate concerning his or her good behaviour while on bail; and
 (b) an amount of money (if any) specified by a Magistrate as security for the good behaviour of the applicant while on bail is deposited with the Magistrate or a leader; and
 (c) the Magistrate reasonably believes that the applicant would comply with the terms of bail and that grant of bail would not result in an unacceptable risk of:
 (i) the applicant not appearing before a court;
 (ii) continuation or repetition of the offence with which the applicant has been charged or of another offence; or
 (iii) concealment, loss or destruction of evidence relating to that offence; or