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Court Martial Act 2007

Jurisdiction, procedures, and powers - Bail - General

49: Judge may grant bail pending trial

You could also call this:

"A Judge can let you out of custody on bail before your trial if they think it's fair."

Illustration for Court Martial Act 2007

You are accused of committing an offence and are being held in custody. You are not automatically allowed bail. A Judge can decide to grant you bail if you ask for it. When the Judge decides, they must think about things like how serious the offence is and if there are special reasons to let you out on bail. They must also consider how letting you out on bail would affect the military. The Judge can look at what the victim thinks, as outlined in Part 10A of the Armed Forces Discipline Act 1971, and section 198D. They can also think about other things, like what section 8(1) and (4) of the Bail Act 2000 says, and section 8(2) of the Bail Act 2000. The Judge will only let you out on bail if they think it is fair. You have to show the Judge why you should be let out on bail.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1001995.

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Part 2Jurisdiction, procedures, and powers
Bail: General

49Judge may grant bail pending trial

  1. This section applies to a person who—

  2. is accused of committing an offence against the 1971 Act; and
    1. is being held in custody under that Act.

      1. The accused is not entitled to bail as of right.

      2. A Judge may, on application by the accused,—

      3. grant bail to the accused:
        1. impose any conditions of bail that the Judge thinks fit.

          1. In determining whether to grant bail under this section, the Judge—

          2. must take into account the considerations set out in section 8(1) and (4) of the Bail Act 2000 and all of the following considerations:
            1. the seriousness of the offence:
              1. whether there are urgent and exceptional circumstances that favour the granting of bail:
                1. the effect on service discipline of releasing the person on bail; and
                2. must take into account any views of a victim to which Part 10A of the Armed Forces Discipline Act 1971 applies that are conveyed in accordance with section 198D of that Act; and
                  1. may take into account the considerations set out in section 8(2) of the Bail Act 2000; and
                    1. must not grant bail unless satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.

                      1. The onus is on the accused to show cause why bail should be granted.

                      Notes
                      • Section 49(4)(a): amended, on , by section 28 of the Statutes Amendment Act 2019 (2019 No 56).
                      • Section 49(4)(aa): inserted, on , by section 30 of the Military Justice Legislation Amendment Act 2018 (2018 No 36).