New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 43

Police power to make bail decision

43 Police power to make bail decision

(1) A police officer may make a bail decision for an offence if the person accused of the offence is present at a police station and the officer is:
(a) a police officer of or above the rank of sergeant and present at the police station, or
(b) for the time being in charge of the police station.
(1A) A police officer of or above the rank of sergeant at a hospital may make a bail decision for an offence if:
(a) the person accused of the offence is present at the hospital to receive treatment, and
(b) in the opinion of the police officer, it is not reasonable to take the person to a police station due to the person's incapacity or illness.
(1B) A police officer of or above the rank of sergeant at a mental health facility (within the meaning of the Mental Health Act 2007 ) may, despite subsection (3), make a bail decision for an offence if the person accused of the offence is detained in the mental health facility for assessment under section 33 (1) (a) or (b) or (1D) (a) or (b) of the Mental Health (Forensic Provisions) Act 1990 and has been found on assessment at the mental health facility not to be a mentally ill person or mentally disordered person.
(2) The police officer may:
(a) release the person without bail, or
(b) grant bail (with or without the imposition of bail conditions), or
(c) refuse bail.
(3) A police officer cannot make a bail decision if:
(a) a bail decision for the offence has been made by a court or authorised justice, or
(b) the accused person has already made a first appearance for the offence and bail has been dispensed with.
(4) A police officer cannot grant bail or release a person without bail if the accused person has been arrested under a warrant to bring the person before a court for sentencing.
(5) Despite subsection (4), a police officer may grant bail to a person arrested as referred to in that subsection if the police officer is satisfied that exceptional circumstances justify the grant of bail.



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