Reprint as at 17 December 2008

Bail Act 2000

Public Act	2000 No 38
Date of assent	10 October 2000

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered by the Ministry of Justice.

1 Title

2 Commencement

3 Interpretation

4 Act binds the Crown

5 Purpose

Part 1
General provisions regarding bail

6 Application of this Part

7 Rules as to granting bail

8 Consideration of just cause for continued detention

9 Restriction on bail if defendant charged with treason or espionage

10 Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence

11 Restriction on bail if defendant with previous conviction for specified offence found guilty or pleads guilty to further specified offence

12 Further restriction on bail in certain cases

13 Exercise of discretion when considering bail pending sentencing

14 Exercise of discretion when considering bail pending appeal

Special provision as to bail of young persons remanded or committed for trial or sentence

15 Granting of bail to defendant under 20 years of age

Special provisions in respect of bail for drug dealing offences

16 Bail allowable for drug dealing offence only by order of Judge

17 Bail for drug dealing offence may be continued or renewed by District Court

General provisions relating to bail hearings

18 Bail hearing may be in private

19 Court may prohibit publication of matters relating to hearing

20 Evidence in bail hearing

Part 2
Police bail

21 Defendant admitted to bail by Police employee

22 Mode of taking bail bond by Police employee

23 Bail and breach of protection order

24 Failure to answer police bail

25 Effect on bond of attendance or non-attendance of person bailed by member of police

26 Breach of condition of police bail

Part 3
Bail in summary proceedings

Application of this Part

27 Application of this Part

Granting of bail

28 Bail on adjournment

29 Warrant for detention of defendant remanded on bail

30 Defendant, if bailable as of right, to be brought before court on request

31 Conditions of bail

Procedures after grant of bail

32 Release of defendant granted bail

33 Warrant of deliverance

34 Variation of conditions of bail

35 Defendant on bail may be arrested without warrant in certain circumstances

36 Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail

37 Failure to answer bail

38 Non-performance of condition of bail may be certified and recorded

Bail pending sentencing

39 Bail pending sentencing

Bail on deferment of sentence

39A Bail on deferment of sentence

Appeals on question of bail

40 Appeals from decisions of Community Magistrates

41 Appeal from decision of District Court relating to bail

42 Procedural provisions relating to appeal under section 41

43 Appeal against entry of non-performance of condition of bail in Criminal Records

44 Execution of decision of High Court on appeal relating to bail

Bail pending appeal against conviction or sentence

45 Granting of bail to appellant who is in custody

46 Time on bail pending appeal not to be taken as time served

47 Surrender of appellant released on bail

Part 4
Bail when proceedings taken by way of indictment

Application of this Part

48 Application of this Part

Bail and preliminary hearing of indictable offences

49 Application of provisions of Part 3

50 Additional bail provisions if proceedings brought under section 153A of Summary Proceedings Act 1957

51 Bail if evidence adduced at preliminary hearing sufficient for defendant to be committed for trial or for sentence, and defendant then pleads guilty

Bail after committal

52 Release on bail of defendant committed for trial

53 Release on bail of defendant committed for sentence

54 Further provisions applying to defendant committed for trial or sentence

55 Application of additional provisions if committal is to District Court

General provisions relating to bail in indictable proceedings

56 Detention while bail bond prepared and signed

57 Variation of conditions of bail

58 Defendant on bail may be arrested without warrant in certain circumstances

59 Arrest of defendant charged with drug dealing offence

60 Issue of warrant to arrest defendant absconding or breaching bail condition

61 Bench warrant

62 Failure to answer bail

63 Non-performance of condition of bail may be certified and recorded

64 Powers of court of committal as to custody or bail of defendant when order made for trial at substituted court

Bail pending sentencing

65 Bail pending sentencing

Bail on deferment of sentence

65A Bail on deferment of sentence

Appeals on question of bail

66 Appeal from decision of High Court relating to bail

67 Procedural provisions relating to appeal under section 66

68 Appeal against entry of non-performance of condition of bail into Crown Book or other Register

69 Execution of decision of Court of Appeal on appeal relating to bail

69A Execution of decision of Supreme Court on appeal relating to bail

Bail pending appeal against conviction or sentence

70 Granting of bail to appellant and custody pending appeal

71 Reserved question of law

72 Intermediate effects of appeal

Part 5
Miscellaneous provisions

73 Rules

74 Repeal and enactments amended

75 Savings

Schedule 1
Modifications of Part 3 where appeal is from District Court presided over by Community Magistrate or Community Magistrates to District Court presided over by District Court Judge

Schedule 2
Amendments to other enactments

Reprint notes

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

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Bail Act 2000 No 38 (as at 17 December 2008), Public Act

Bail Act 2000

Note

Contents

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