New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 38

Reasons for decision to be recorded

38 Reasons for decision to be recorded

(1) A bail authority that refuses bail must immediately record the reasons for refusing bail, including (if bail was refused because of an unacceptable risk) the unacceptable risk or risks identified by the bail authority.
(2) A bail authority that imposes bail conditions must immediately make a record that:
(a) specifies the reasons for not granting bail unconditionally, and
(b) sets out the bail concern or concerns identified by the bail authority.
(3) The record must include the bail authority's reasons for imposing any security requirement or requiring any character acknowledgments.
(4) If an accused person requests that certain bail conditions be imposed, and other bail conditions are imposed, the bail authority must record reasons for imposing the other conditions.
(5) The regulations may make provision for the making of records under this section and the manner of retaining and otherwise dealing with those records.



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