Part 3Court bail
Granting of bail on adjournment
30Conditions of bail
Subject to sections 31 and 40, if a defendant is granted bail, the defendant must be released on condition that the defendant attend personally—
- at the time and place at which the hearing is adjourned; or
- at every time and place to which, during the course of the proceedings, the hearing may from time to time be adjourned.
A judicial officer or Registrar may impose, as further conditions of the defendant's release,—
- an EM condition:
- a condition that the defendant report to the Police at the time or times and at the place or places that the judicial officer or Registrar orders.
However, a Registrar must not impose an EM condition under subsection (2)(a) unless the prosecution agrees.
When considering bail pending sentencing, a judicial officer or Registrar may impose any condition that the judicial officer or Registrar considers reasonably necessary to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable timeframe.
Whether or not the judicial officer or Registrar imposes a condition under subsection (2) or (3), the judicial officer or Registrar may impose any other condition that the judicial officer or Registrar considers reasonably necessary to ensure that the defendant—
- appears in court on the date to which the defendant has been remanded; and
- does not interfere with any witness or any evidence against the defendant; and
- does not commit any offence while on bail.
However, a Registrar must not impose a drug or alcohol condition under subsection (4) unless the defendant consents to the condition being imposed.
Despite subsection (4), the judicial officer or Registrar must not require as a further condition of the defendant's release the deposit of any sum or the entering into of any obligation in the nature of a bond, guarantee, or surety, whether by the defendant or any other person.
Subsection (5) does not apply if bail is granted by the High Court.
Notes
- Section 30: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
- Section 30(2): replaced, on , by section 18 of the Bail Amendment Act 2013 (2013 No 66).
- Section 30(2A): inserted, on , by section 18 of the Bail Amendment Act 2013 (2013 No 66).
- Section 30(4A): inserted, on , by section 7 of the Bail (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 83).


