Bail Act 2000

General provisions regarding bail - General provisions relating to bail hearings

20: Evidence in bail hearing

You could also call this:

"What evidence can be used in a bail hearing?"

When you are at a bail hearing, the court can look at any information it thinks is relevant. The court can use this information even if it is not normally allowed in court. When the court is considering a specific matter described in section 8(2)(b), it must follow some rules. You need to know that the court can only consider certain information when looking at this specific matter. The court can use information that would normally be allowed in court, but it does not matter how the information is given. The information can be given in any form, not just in a sworn statement. The court can use this information to make a decision about your bail. The court's decision is based on what it thinks is relevant and important. You should understand that the court is trying to make a fair decision.

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This page was last updated on 8 December 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM68928.

Topics:

Crime and justice > Courts and legal help

19: Publication of matters relating to hearing, or

"Rules for Sharing Information About Bail Hearings"

21: Police employee may grant bail, or

"A police officer can decide to let you go on bail if you're arrested."

Part 1General provisions regarding bail
General provisions relating to bail hearings

20Evidence in bail hearing

In hearing an application for bail a court may receive as evidence any statement, document, information, or matter that it considers relevant, whether or not it would be otherwise admissible in a court of law.
Despite subsection (1), when considering the matter described in section 8(2)(b),—
the court may only consider a statement, document, information, or matter that would be admissible in a court of law if made by the appropriate person or given or produced in proper form; but
for the purpose of the bail hearing, it does not matter whether the evidence—
1. is given or produced by the appropriate person or given or produced in sworn or unsworn form; or
2. is otherwise given or produced in a form in which it would be admissible in a court of law.

Notes

Section 20(2): substituted, on 19 December 2002, by section 3 of the Bail Amendment Act 2002 (2002 No 57).