New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 68

Limited powers when proceedings pending in another court

68 Limited powers when proceedings pending in another court

(1) The Local Court or an authorised justice cannot hear a bail application if:
(a) proceedings for the offence are pending in a court (other than the Local Court) and the accused person has made his or her first appearance before the court in those proceedings, or
(b) summary proceedings for the offence are pending in the Supreme Court, or
(c) the accused person has made his or her first appearance before the Supreme Court after being brought up by a writ of habeas corpus following summary conviction for the offence.
(2) Subsection (1) does not prevent the hearing of a release application in respect of a person if:
(a) the person is arrested under a bench warrant (as referred to in section 312 of the Criminal Procedure Act 1986 ), or
(b) the person's appearance is consequent on the making of an order under section 20 (1) of the Children (Criminal Proceedings) Act 1987 (a provision that allows a court to remit an offence to the Children's Court for sentencing), or
(c) proceedings for the offence concerned are continued before a magistrate under section 101 of the Criminal Procedure Act 1986 or section 8A (2) of the Criminal Appeal Act 1912 .
(2A) Despite subsection (1) (a), the Local Court or an authorised justice may hear a variation application with the consent of the accused person and the prosecutor.
(3) The District Court or the Land and Environment Court cannot hear a bail application if:
(a) proceedings for the offence are pending in the Supreme Court or the Court of Criminal Appeal and the accused person has made his or her first appearance before the court in those proceedings, or
(b) the accused person has made his or her first appearance before the Supreme Court after being brought up by a writ of habeas corpus following summary conviction for the offence.



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