New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 25A

25A Stay of decision to grant bail if review sought

(1) If a magistrate or justice grants bail to a person accused of a serious offence on the accused person’s first appearance before a court in or in connection with proceedings for the offence, and a police officer or Australian legal practitioner appearing on behalf of the Crown immediately informs the court that a request for a review of the decision is to be made to the Supreme Court, the decision of the magistrate or justice is stayed.

(2) The decision of the magistrate or justice is not stayed unless the police officer or Australian legal practitioner, on informing the magistrate or justice of the review request, provides the magistrate or justice with a copy of the written approval of an authorised officer or the Director of Public Prosecutions to seek a review by the Supreme Court of any decision to grant bail in the case.

(3) The stay of the decision has effect until:

(a) the Supreme Court affirms or varies the decision, or substitutes another decision for the decision of the magistrate or justice, or refuses to entertain the request for review, or

(b) a police officer or some other person acting on behalf of the Crown files with the Supreme Court, or such other court as may be prescribed by the regulations, notice that the Crown does not intend to proceed with the review, or

(c) 4 pm on the day that is 3 business days after the day on which the decision was made,

whichever happens first.

(4) The person granted bail is not entitled to be released under section 7 while a stay of the decision has effect under this section.

(5) A request for the review by the Supreme Court of a decision that is stayed under this section is to be dealt with as expeditiously as possible.

(6) In this section:
"authorised officer" means the Commissioner of Police or a member of the NSW Police Force authorised by the Commissioner of Police to exercise the functions of an authorised officer under this section.
"business day" means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales.
"serious offence" means:

(a) the offence of murder or any other offence punishable by imprisonment for life, or

(b) an offence under or mentioned in a provision of Part 3 of the Crimes Act 1900 involving sexual intercourse, or an attempt to have sexual intercourse, with a person under the age of 16 years.