New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 28 October 2009
| Public Act | 2000 No 38 |
| Date of assent | 10 October 2000 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry of Justice.
Part 1
General provisions regarding 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
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 constable
26 Breach of condition of Police bail
Part 3
Bail in summary proceedings
29 Warrant for detention of defendant remanded on bail
30 Defendant, if bailable as of right, to be brought before court on request
Procedures after grant of bail
32 Release of defendant granted bail
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
38 Non-performance of condition of bail may be certified and recorded
39A Bail on deferment of sentence
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
Bail and committal proceedings for indictable offences
49 Application of provisions of Part 3
50 Additional bail provisions if proceedings brought under section 160 of Summary Proceedings Act 1957
51 Bail if evidence adduced at standard committal or committal hearing sufficient for defendant to be committed for trial or for sentence, and defendant then pleads guilty
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
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
65A Bail on deferment of sentence
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
72 Intermediate effects of appeal
Part 5
Miscellaneous provisions
74 Repeal and enactments amended
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
