New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 64

Powers specific to Local Court and authorised justices

64 Powers specific to Local Court and authorised justices

The Local Court includes:
(a) the Children's Court, and
(b) the Drug Court (because of section 24 of the Drug Court Act 1998 ).
(1) The Local Court or an authorised justice may hear a release application or detention application in respect of a person:
(a) brought or appearing before the Court or authorised justice and accused of an offence, or
(b) not brought or appearing before the Court or authorised justice, if the person is an appellant under Part 3, 4 or 5 of the Crimes (Appeal and Review) Act 2001 .
(2) Subsection (1) (b) is subject to any exceptions provided for by the regulations.
(3) The Local Court may hear a bail application for an offence if a bail decision for the offence has been made by an authorised justice or police officer.
(4) The Local Court may hear a variation application for an offence if a bail decision has been made by a higher court.
Note : Section 57 permits the Local Court to vary bail conditions imposed by a higher court only with the consent of the accused person and the prosecutor.
(5) An authorised justice may hear a variation application for an offence if a bail decision has been made by a court and the variation application relates to bail conditions that are reviewable by a justice (within the meaning of section 52).
Note : Section 52 limits the powers that can be exercised by an authorised justice when hearing a variation application in relation to a bail decision made by a court. See also sections 57 and 58.



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