New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 109V

109V Powers of District Court and Children's Court to hear fresh bail application

(1) If the Children's Court or a Children's Magistrate makes a bail decision under section 109U, the District Court has power to hear a fresh bail application in relation to the matter.

(2) If a Registrar makes a bail decision under section 109U, the Children's Court has power to hear a fresh bail application in relation to the matter.

(3) A power to hear a bail application conferred by this section may be exercised only if the bail application is made by--

(a) the person who is the subject of the bail decision, or

(b) the Secretary (who is taken to be the prosecutor for the purposes of the bail application).

Note : Section 75 of the Bail Act 2013 provides that a fresh bail application is to be dealt with as a new hearing.

(4) If bail is refused or revoked on an application under this section, the District Court or Children's Court may--

(a) if the person is an adult--issue a warrant in accordance with Division 5 committing the person to a correctional centre or other place of security, or

(b) if the person is a child or young person--issue a warrant in accordance with Division 5 committing the person to a detention centre,

and order the person to be brought before the Children's Court at the date, time and place specified in the warrant.

(5) The regulations may make provision for bail applications, and the powers of the District Court and Children's Court in respect of bail applications, under this Division.

(6) A detention application or variation application under the Bail Act 2013 cannot be made in relation to a matter after a bail decision in relation to that matter is made under section 109U, except as provided for by this section.

(7) Nothing in this section limits the rights of a person held in custody under this Part to make a release application under the Bail Act 2013 .

(8) In this section--

"bail application" has the same meaning as in the Bail Act 2013 .