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Bail Act 2000

General provisions regarding bail - Special provisions in respect of bail for drug dealing offences

17A: Restriction on bail if defendant charged with serious Class A drug offence

You could also call this:

"Rules for getting bail if you're charged with a serious drug offence"

Illustration for Bail Act 2000

You are 18 or older and charged with a serious Class A drug offence. You must convince the Judge to let you go on bail. The Judge will only let you go if you can prove you won't commit another drug offence. You are 17 and charged with a serious Class A drug offence in a higher court. You also need to convince the Judge to let you go on bail. The Judge will look at whether you will commit another drug offence if you are let out. A serious Class A drug offence includes things like selling or supplying Class A drugs, which are against the law under the Misuse of Drugs Act 1975. You must prove you won't break the law again if you are let out on bail. This means you must show the Judge you won't commit any drug offences while you are waiting for your trial. You have to satisfy the Judge that you will behave and not commit any more drug offences. The Judge will decide whether to let you go on bail based on what you say. You need to give the Judge good reasons to trust you and let you go on bail.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5598942.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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17: Bail for drug dealing offence may be continued or renewed by District Court, or

"The District Court can keep or renew bail for people accused of drug dealing."

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18: Bail hearing may be in private, or

"A court can have a private bail hearing to keep you or others safe."

Part 1General provisions regarding bail
Special provisions in respect of bail for drug dealing offences

17ARestriction on bail if defendant charged with serious Class A drug offence

  1. This section applies to a defendant who is charged with a serious Class A drug offence and who is—

  2. of or over the age of 18 years; or
    1. aged 17 years and is charged with the offence in the District Court or the High Court.

      1. No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.

      2. In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (2)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any drug dealing offence.

      3. In this section, serious Class A drug offence means—

      4. an offence under section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 for contravention of section 6(1)(a), (b), (c), or (f) in relation to a Class A controlled drug; or
        1. an attempt to commit an offence in paragraph (a).

          Notes
          • Section 17A: inserted, on , by section 12 of the Bail Amendment Act 2013 (2013 No 66).
          • Section 17A(1): replaced, on , by section 23 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).