New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 41

41 Limitation on length of adjournments if bail refused

(1) If an accused person is refused bail for an offence--

(a) an authorised justice or the Local Court is not to adjourn the hearing of the matter for a period exceeding 8 clear days, except with the consent of the accused person, and

(b) an authorised justice who is not a registrar of the Local Court is not to adjourn the hearing of the matter, on a first adjournment, for a period exceeding 3 clear days, and

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

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

(ii) be to the Local 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 a hearing if--

(a) the accused person is in custody for some other offence, and

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

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

(3) The consent of the accused person is not to be sought or given for the purposes of subsection (1) (a) unless the authorised justice or court first advises the person whether or not bail will be granted to the person and the proposed bail conditions (if any).