New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 44

Bail decision to be made after person is charged

44 Bail decision to be made after person is charged

(1) A police officer must ensure that, as soon as reasonably practicable after a person in police custody is charged with an offence:
(a) a bail decision is made for the offence by a police officer with power to make a bail decision, or the person is brought before a court or authorised justice to be dealt with according to law, and
(b) the person is given the bail eligibility information.
(2) A record is to be kept, in the form prescribed by the regulations, verifying that the person charged has been given the bail eligibility information.
(3) It is not necessary to give the bail eligibility information to a person if the person is released without bail.
(4) A police officer may defer making a bail decision in respect of an intoxicated person while the person is an intoxicated person, but only if the deferral does not cause delay in bringing the person before a court or authorised justice.
(5) In this section,
"bail eligibility information" means written information, of a kind prescribed by the regulations, about eligibility for bail and the entitlement to request a review of a bail decision made by a police officer.



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