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BAIL ACT 1978 - SECT 22A
Power to refuse to hear bail application
22A Power to refuse to hear bail application
(1) A court is to refuse to entertain an application for bail by a person
accused of an offence if an application by the person in relation to that bail
has already been made and dealt with by the court, unless there are grounds
for a further application for bail.
(1A) For the purposes of this section,
the grounds for a further application for bail are: (a) the person was not
legally represented when the previous application was dealt with and the
person now has legal representation, or
(b) information relevant to the grant
of bail is to be presented in the application that was not presented to the
court in the previous application, or
(c) circumstances relevant to the grant
of bail have changed since the previous application was made.
(2) A court may
refuse to entertain an application in relation to bail if it is satisfied that
the application is frivolous or vexatious.
(3) The Supreme Court may refuse
to entertain an application in relation to bail if the bail application
comprises a bail condition review that could be dealt with under section 48A
by a magistrate or authorised justice or the District Court.
(4) Except as
provided by subsection (3), this section does not affect the power of a court
to review a decision in relation to bail under Division 2 of Part 6 or the
right of a person to request such a review.
(5) If a court has previously
dealt with an application for bail for a person accused of an offence, a
lawyer may refuse to make a further application to the court on behalf of that
person if there are no grounds for a further application for bail.
(6) In
this section, a reference to a court does not include a reference to an
authorised justice exercising the functions of a court.
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