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BAIL ACT 1977 - SECT 10

Where impracticable to bring person arrested before court

S. 10(1) amended by No. 37/2014 s. 10(Sch. item 8.2(a)).

    (1)     Where a person is arrested and it is not practicable to bring him before a court forthwith after he is taken into custody a police officer of or above the rank of sergeant or for the time being in charge of a police station—

        (a)     shall inquire into the case; and

        (b)     may, and if it is not practicable to bring the person arrested before a court within 24 hours after he is taken into custody, shall, unless the provisions of this Act otherwise require, discharge the person on bail in accordance with the Act.

Note to s. 10(1) inserted by No. 1/2016 s. 12(1).

Note

See also section 5AA (conditions of bail granted to a child in certain circumstances).

S. 10(1A) inserted by No. 32/2006 s. 91(1).

    (1A)     If a person is arrested under the Infringements Act 2006 by the sheriff or a person authorised under section 84(5) of that Act and it is not practicable to bring the person before a court forthwith after the person is taken into custody the sheriff or a person authorised under section 84(5) of that Act—

        (a)     shall inquire into the case; and

        (b)     may, and if it is not practicable to bring the person arrested before a court within 24 hours after the person is taken into custody, shall, unless the provisions of this Act otherwise require, discharge the person on bail in accordance with this Act.

Note to s. 10(1A) inserted by No. 1/2016 s. 12(1).

Note

See also section 5AA (conditions of bail granted to a child in certain circumstances).

S. 10(1B) inserted by No. 1/2016 s. 12(2).

    (1B)     A police officer referred to in subsection (1) or the sheriff or person authorised under section 84(5) of the Infringements Act 2006 referred to in subsection (1A), must ensure that, in the case of a child in custody, a parent or guardian of the child or an independent person is present during the inquiry.

S. 10(1C) inserted by No. 1/2016 s. 12(2).

    (1C)     An independent person present in accordance with subsection (1B) may take steps to facilitate the granting of bail, for example, by arranging accommodation.

S. 10(2) amended by Nos 51/1989
s. 142(f), 32/2006 s. 91(2)(a)–(c), 37/2014 s. 10(Sch. item 8.2(b)).

    (2)     Where a police officer refuses to discharge a person from custody under subsection (1) or the sheriff or a person authorised under section 84(5) of the Infringements Act 2006 refuses to release a person from custody under subsection (1A) or any person held in custody objects to the amount fixed for bail or any condition of bail the police officer, the sheriff or a person authorised under section 84(5) of the Infringements Act 2006 (as the case requires) shall advise the person in custody that he is entitled, should he so desire, to apply to a bail justice for discharge from custody or for variation of the amount of bail or conditions of bail or shall give to the person a statement in writing setting forth the provisions of this subsection and if the person elects so to apply the police officer, the sheriff or a person authorised under section 84(5) of the Infringements Act 2006

S. 10(2)(a) amended by No. 51/1989
s. 142(f).

        (a)     shall cause the person to be brought before a bail justice as soon as practicable;

S. 10(2)(b) amended by No. 51/1989
s. 142(f).

        (b)     shall cause to be produced before the bail justice the warrant, file or papers referred to in subsection (3); and

S. 10(2)(c) amended by No. 51/1989
s. 142(f).

        (c)     shall abide by the decision of the bail justice in relation to that person.

S. 10(3) amended by Nos 32/2006 s. 91(3), 37/2014 s. 10(Sch. item 8.2(c)).

    (3)     A police officer or the sheriff or a person authorised under section 84(5) of the Infringements Act 2006 (as the case requires) refusing to discharge a person from custody under this section shall endorse on the warrant file or papers relating to that person or in any register or record of persons in custody his reasons for refusing to discharge that person from custody.

No. 7405 s. 19.



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