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Bail Act 2000

General provisions regarding bail

7: Rules as to granting bail

You could also call this:

"Rules for Deciding Who Gets Bail"

Illustration for Bail Act 2000

You are bailable as of right if you are charged with an offence that is not punishable by imprisonment. You are also bailable as of right if the maximum punishment for the offence is less than 3 years' imprisonment, unless it is a certain type of assault offence, such as assault on a child or by a male on a female, as outlined in section 194 or section 194A of the Crimes Act 1961. If you have been previously convicted of a serious offence, you may not be bailable as of right. You must be released on reasonable terms and conditions unless there is a good reason to keep you in detention, as per sections 9 to 17.

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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=DLM68903.

Topics:
Crime and justice > Courts and legal help
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6: Application of this Part, or

"Following the Bail Rules in this Part of the Act"

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8: Consideration of just cause for continued detention, or

"Deciding if You Should Stay in Detention While Awaiting Trial"

Part 1General provisions regarding bail

7Rules as to granting bail

  1. A defendant is bailable as of right who is charged with an offence that is not punishable by imprisonment.

  2. A defendant is bailable as of right who is charged with an offence for which the maximum punishment is less than 3 years’ imprisonment, unless the offence is one against—

  3. section 194 of the Crimes Act 1961 (which relates to assault on a child, or by a male on a female); or
    1. section 194A of the Crimes Act 1961 (which relates to assault on a person with whom the defendant is, or has been, in a family relationship).

      1. Repealed

      2. Despite anything in this section, a defendant who is charged with an offence punishable by imprisonment is not bailable as of right if the defendant has been previously convicted of an offence punishable by death or imprisonment.

      3. Subject to sections 9 to 17, a defendant who is charged with an offence and is not bailable as of right must be released by a court on reasonable terms and conditions unless the court is satisfied that there is just cause for continued detention.

      Compare
      Notes
      • Section 7(2): replaced, on , by section 6 of the Family Violence (Amendments) Act 2018 (2018 No 47).
      • Section 7(3): repealed, on , by section 5 of the Bail Amendment Act 2013 (2013 No 66).