Plain language law

New Zealand law explained for everyone

Bail Act 2000

General provisions regarding bail - Special provision as to bail of young persons remanded

15: Granting of bail to defendant who is 18 years of age or younger

You could also call this:

"Bail for young people aged 18 or under"

Illustration for Bail Act 2000

If you are 18 years old or younger and you are waiting for your trial, the court must let you out on bail. You must not have been to prison before. The court can set conditions for your bail. If you are 17 years old, the court must also let you out on bail if you have not been to prison before and you are waiting for your trial in the District Court or the High Court.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM68921.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safetyFamily and relationships > Children and parenting
Previous

14: Exercise of discretion when considering bail pending appeal, or

"Can you get bail while waiting for your appeal to be heard?"

Next

16: Judge only may grant bail for drug dealing offence, or

"Only a judge can decide to let you out on bail for a drug dealing offence"

Part 1General provisions regarding bail
Special provision as to bail of young persons remanded

15Granting of bail to defendant who is 18 years of age or younger

  1. A court that remands a defendant at any stage of the proceedings for the offence with which the defendant is charged, including for sentence, must release the defendant on bail or otherwise subject to such conditions as it thinks fit if—

  2. the defendant appears to the court to be 18 years of age; and
    1. the defendant has not previously been sentenced to imprisonment.

      1. Subsection (1) is subject to—

      2. sections 7 (except subsection (5)), 9 to 12, and 16 to 17A; and
        1. section 175 of the Criminal Procedure Act 2011,—
            1. but no other enactment.

          1. A court that remands a defendant at any stage of the proceedings for the offence with which the defendant is charged, including for sentence, must release the defendant on bail or otherwise subject to such conditions as it thinks fit if—

          2. the defendant is 17 years old; and
            1. the defendant is charged with, or convicted of, any offence in the District Court or the High Court; and
              1. the defendant has not previously been sentenced to imprisonment.

                1. Subsection (2A) is subject to—

                2. sections 7 (except subsection (5)), 9 to 12, and 16 to 17A; and
                  1. section 175 of the Criminal Procedure Act 2011.

                    1. Subject to sections 171(1) and 172(1) of the Criminal Procedure Act 2011 and to the Oranga Tamariki Act 1989, this section applies in respect of a defendant who is under the age of 17 years and who is charged with or convicted of any offence in the District Court or the High Court.

                    Compare
                    Notes
                    • Section 15 heading: amended, on , by section 22(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                    • Section 15 heading: amended, on , by section 9(1) of the Bail Amendment Act 2013 (2013 No 66).
                    • Section 15(1): replaced, on , by section 9(2) of the Bail Amendment Act 2013 (2013 No 66).
                    • Section 15(1)(a): amended, on , by section 22(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                    • Section 15(2)(a): amended, on , by section 9(3) of the Bail Amendment Act 2013 (2013 No 66).
                    • Section 15(2)(b): replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
                    • Section 15(2A): inserted, on , by section 22(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                    • Section 15(2B): inserted, on , by section 22(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                    • Section 15(3): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 15(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                    • Section 15(3): amended, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).