New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 25

25 Limitation on length of adjournments by magistrates and registrars where bail refused

(1) Where an accused person is refused bail in respect of an offence:

(a) an adjournment of the hearing by:

(i) a magistrate, or

(ii) a registrar of the Local Court,

shall be for a period not exceeding 8 clear days except with the consent of the person,

(b) a first adjournment of the hearing by an authorised justice who is not a registrar of the Local Court shall be for a period not exceeding 3 clear days, and

(c) a second or subsequent adjournment of the hearing by an authorised justice who is not a registrar of the Local Court:

(i) shall be for a period not exceeding 48 hours, and

(ii) shall be to a court constituted by a magistrate, if a magistrate is reasonably available to deal with the case.

(2) Subsection (1) does not apply to an adjournment of the hearing in connection with an offence if:

(a) the accused person is in custody in connection with some other offence,

(b) the magistrate, authorised justice or registrar is satisfied that there are reasonable grounds for a longer period of adjournment, and

(c) the accused person would be in custody in connection with the other offence for the balance of the longer period.

(3) The consent of the accused person shall not be sought or given for the purposes of subsection (1) (a) unless the magistrate, authorised justice or registrar first advises the person whether or not bail will be granted to the person and, if so, on what conditions (if any) it will be granted.