Part 3Court bail
Granting of bail on adjournment: Procedures after defendant granted bail
31Release of defendant granted bail
If a defendant is granted bail, the Registrar must prepare a notice of bail or a bail bond (whichever is applicable) setting out the conditions of bail imposed by or under section 30 or 30AAA.
If electronic monitoring is a condition of bail, the notice of bail must—
- state the EM address; and
- list the defendant's obligations, set out in section 30L, under an EM condition.
The Registrar or (as the case may require) the judicial officer or prison manager of the prison in which the defendant is detained must—
- give the notice of bail or bail bond to the defendant; and
- be satisfied that the defendant understands the conditions of bail; and
- require the defendant to authenticate the notice of bail or bail bond.
If a defendant is granted bail, the judicial officer or Registrar may direct that the defendant be detained in the custody of the Court—
- for such time, not exceeding 2 hours, as may be necessary to enable the notice of bail or bail bond to be prepared and authenticated; and
- if, within the period of 2 hours, the defendant is not released (whether by reason of having refused to authenticate the notice of bail or bail bond or for any other reason), for such time as may be necessary to enable a warrant to be issued under section 28.
If bail is granted to a defendant who has been remanded in custody and is in custody only under the warrant issued in respect of the remand, the defendant must be released from custody as soon as is reasonably practicable after the defendant has authenticated the notice of bail or bail bond.
A copy of the notice of bail or bail bond must be given to the defendant on his or her release or as soon as practicable after that.
Notes
- Section 31: replaced, on , by section 15 of the Bail Amendment Act 2011 (2011 No 82).
- Section 31(1): amended, on , by section 12 of the Family Violence (Amendments) Act 2018 (2018 No 47).
- Section 31(1A): inserted, on , by section 20(1) of the Bail Amendment Act 2013 (2013 No 66).
- Section 31(2)(c): amended, on , by section 20(2) of the Bail Amendment Act 2013 (2013 No 66).
- Section 31(3)(a): amended, on , by section 20(3) of the Bail Amendment Act 2013 (2013 No 66).
- Section 31(3)(b): amended, on , by section 20(4) of the Bail Amendment Act 2013 (2013 No 66).
- Section 31(4): amended, on , by section 20(5) of the Bail Amendment Act 2013 (2013 No 66).


