New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 48

48 Provisions respecting review of bail decisions

(1) The power to review a decision pursuant to this Division:

(a) may be exercised only at the request of:

(i) the accused person,

(ii) the informant (being a police officer),

(iii) the informant or complainant (whether or not a police officer) in the case of bail granted in respect of a domestic violence offence or an application for an order under the Crimes (Domestic and Personal Violence) Act 2007 , or

(iv) the Attorney General or the Director of Public Prosecutions, and

(b) includes the power to affirm or vary the decision or to substitute another decision.

(2) A decision as varied or substituted must be in conformity with this Act.

(3) The review of a decision shall be by way of rehearing, and evidence or information in addition to, or in substitution for, the evidence or information given or obtained on the making of the decision may be given or obtained on the review.

(4) Where, on a review of a decision pursuant to this Division, a court varies the decision, or substitutes another decision, section 38 applies to and in relation to the decision as varied or substituted as if originally made by the court.

(5) Where, on a review of a decision pursuant to this Division, bail for an accused person is revoked, an authorised justice may by warrant commit the person to prison.

(6) Where, on a review of a decision pursuant to this Division:

(a) bail is granted unconditionally and no bail undertaking has been given by the accused person, or

(b) a bail condition is imposed,

an authorised justice may by warrant commit the person to prison until the person gives the undertaking or enters into the condition, as the case may be.

(7) A court may refuse to entertain a request to review a decision pursuant to this Division if the court is satisfied that the request is frivolous or vexatious.

(7A) The Supreme Court may refuse to entertain a request to review a decision pursuant to this Division if the Court is satisfied that the request comprises a bail condition review that could be dealt with under section 48A by a magistrate or authorised justice or the District Court.

(8) The regulations may make provision for or with respect to:

(a) the manner of making a request to review a decision pursuant to this Division,

(b) the giving or sending to persons of notices relating to the proposed exercise of the power to review a decision pursuant to this Division, and

(c) prescribing the circumstances in which such a power may be exercised in the absence of the accused person or the person’s representative as if the person or the person’s representative were present.