New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 48B

48B Special limited review-bail conditions reviewable by authorised justice

(1) In this section:
"bail reporting condition" means a bail condition requiring the accused person to report to a police station while at liberty on bail.
"bail residence condition" means a bail condition requiring the accused person to reside at a specified address.

(2) An authorised justice may review a decision of any court relating to a bail reporting condition or bail residence condition.

(3) On any such review, the authorised justice may do any one or more of the following:

(a) the authorised justice may vary the days on which, or the times at which, the accused person must report to a police station under a bail reporting condition,

(b) the authorised justice may vary the police station to which the accused person must report under a bail reporting condition,

(c) the authorised justice may reduce the number of days on which the accused person must report to a police station under a bail reporting condition,

(d) the authorised justice may revoke a bail reporting condition,

(e) the authorised justice may vary the address at which the accused person must reside under a bail residence condition.

(4) Action under subsection (3) (a) or (b) may not be taken if:

(a) the prosecutor in the proceedings has not been notified of the proposed action, or

(b) an objection to the proposed action has been made by any person appearing at the review on behalf of the prosecutor in the proceedings.

(5) Action under subsection (3) (c), (d) or (e) may not be taken:

(a) at any time before the determination of summary or committal proceedings, if:

(i) the prosecutor in the proceedings has not been notified of the proposed action, or

(ii) an objection to the proposed action has been made by any person appearing at the review on behalf of the prosecutor in the proceedings, or

(b) at any time before the determination of summary or committal proceedings against the accused person, in respect of a bail reporting condition or bail residence condition imposed by the Supreme Court under section 45, or

(c) at any time after the determination of summary or committal proceedings against the accused person.

(6) The authorised justice may not, on any such review, vary or revoke a bail reporting condition, or vary a bail residence condition, if the court imposing the condition has directed that the condition must not be varied or revoked under this section.