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New Zealand law explained for everyone

Bail Act 2000

Police bail

21: Police employee may grant bail

You could also call this:

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

Illustration for Bail Act 2000

You can get bail from a Police employee if you are charged with an offence and arrested without a warrant. The Police employee will decide if it is prudent to grant you bail. They must consider the need to protect the victim and others when deciding. If you are charged with a family violence offence, the Police employee must think about protecting the victim and their family. They must also consider the protection order when deciding about bail for an offence against section 112 of the Family Violence Act 2018. You are not automatically entitled to get Police bail. The Police employee has to make decisions based on the circumstances. They have to think about the safety of the victim and others. You cannot demand to get bail, it is up to the Police employee to decide.

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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=DLM68931.

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21A: Notice of Police bail, or

"What happens when Police give you bail and what you need to know"

Part 2Police bail

21Police employee may grant bail

  1. Any Police employee may, if he or she considers it prudent to do so, grant bail (Police bail) to a defendant who is charged with an offence and has been arrested without a warrant.

  2. Subsection (1) does not apply in any case to which any of section 9, 9A, 10, 12, 16, or 17A applies.

  3. In determining whether it is prudent to grant Police bail to a defendant charged with a family violence offence, the Police employee must make the primary consideration the need to protect—

  4. the victim of the alleged offence; and
    1. any particular person or people in a family relationship with the victim.

      1. Subsection (2A) is subject to subsection (3).

      2. In determining whether it is prudent to grant Police bail to a defendant charged with an offence against section 112 of the Family Violence Act 2018, the Police employee must make the paramount consideration the need to protect every person who, in relation to the protection order, is a protected person.

      3. Despite section 7, no person is entitled to be granted Police bail under this section as of right.

      Notes
      • Section 21: replaced, on , by section 13 of the Bail Amendment Act 2013 (2013 No 66).
      • Section 21(2A): inserted, on , by section 8 of the Family Violence (Amendments) Act 2018 (2018 No 47).
      • Section 21(2B): inserted, on , by section 8 of the Family Violence (Amendments) Act 2018 (2018 No 47).
      • Section 21(3): replaced, on , by section 8 of the Family Violence (Amendments) Act 2018 (2018 No 47).