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BAIL ACT 1980 - SECT 19B
Review of particular decisions
19B Review of particular decisions
(1) This section does not apply to the following decisions about release under
this part— (a) a decision by the Supreme Court;
(b) a decision under
section 10 (2) ;
(c) a decision by a magistrate acting as a reviewing court
under this section.
(2) If a decision has been made about release under this
part or the Youth Justice Act 1992 , part 5 , for a defendant, the defendant,
complainant or prosecutor or a person appearing on behalf of the Crown may
apply to the reviewing court for a review of the decision.
(3) The reviewing
court is— (a) for a decision by a police officer or justice who is not a
magistrate—a Magistrates Court constituted by a magistrate; or
(b) for any
other decision—the Supreme Court constituted by a single judge.
(4) A
complainant, prosecutor or a person appearing on behalf of the Crown who makes
an application under subsection (2) must take reasonable steps to inform the
defendant of the time and place for the hearing of the application.
(5) The
hearing may proceed in the defendant’s absence, if the reviewing court is
satisfied the steps were taken.
(6) On the review, additional or substitute
evidence or information may be given and the reviewing court may make any
order it considers appropriate.
(7) However, the orders that may be made
under subsection (6) are limited by sections 13 , 16 , 16A and 17 (1A) and, if
the defendant is a child, the Youth Justice Act 1992 , sections 48 , 48AAA ,
48AE and 48A .
(8) The person or court that made the decision under review
must give the reviewing court any documents in the person’s or court’s
possession that may be relevant to the review.
(9) The reviewing court must
decide an application under this section as soon as is reasonably practicable.
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