New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 42

Notice required if accused person granted bail remains in custody

42 Notice required if accused person granted bail remains in custody

(1) A person who has custody of an accused person granted bail must cause a court to be given notice that the accused person is still in custody if the accused person is still in custody because a bail condition has not been complied with.
(2) The notice must be given to a court that has power to hear a variation application before the expiration of 8 days after the person is received into custody.
(3) A notice is required to be given only once for any particular grant of bail.
(4) For the purposes of this section, the person who has custody of an accused person is:
(a) the general manager or other person who has the control and management of the correctional centre where the accused person is in custody, or
(b) the person in charge of the lock-up or police station where the accused person is in custody.
(5) The regulations may make provision for the form of a notice under this section and for the information to accompany the notice.
(6) This section does not affect the requirement that an accused person in police custody who is not released on bail granted by a police officer be brought before a court or authorised justice as soon as practicable.



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