17A Restriction on bail if defendant charged with serious Class A drug offence

(1)

This section applies to a defendant who is charged with a serious Class A drug offence and who is—

(a)

of or over the age of 18 years; or

(b)

aged 17 years and is charged with the offence in the District Court or the High Court.

(2)

No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.

(3)

In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (2)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any drug dealing offence.

(4)

In this section, serious Class A drug offence means—

(a)

an offence under section 6 or 12C(1)(a) of the Misuse of Drugs Act 1975 for contravention of section 6(1)(a), (b), (c), or (f) in relation to a Class A controlled drug; or

(b)

an attempt to commit an offence in paragraph (a).

Section 17A: inserted, on 4 September 2013, by section 12 of the Bail Amendment Act 2013 (2013 No 66).

Section 17A(1): replaced, on 1 July 2019, by section 23 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).