New South Wales Consolidated Acts

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CRIMINAL PROCEDURE ACT 1986 - SECT 308

Authorised officers may make bail decisions in respect of witnesses who fail to attend trial

308 Authorised officers may make bail decisions in respect of witnesses who fail to attend trial

(1) An authorised officer may make a bail decision in respect of a person who is bound by a bail acknowledgment under the Bail Act 2013 , or is served with a subpoena, to attend as a witness in any court at a trial if the person--
(a) fails to appear when called in open court, either at such trial, or on the day appointed for such trial, and
(b) is arrested under a warrant issued by the court.
(2) The Bail Act 2013 applies to the person (not being an accused person) as if--
(a) the person were accused of an offence, and
(b) the proceedings in which the person is required to be examined or produce a document or thing were proceedings for that offence.
(3) For the purpose of applying the Bail Act 2013 , an authorised officer has the same functions as an authorised justice under that Act.
Note--: See section 43A of the Bail Act 2013 for a provision relating to bail decisions made by police officers.



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