Bail Act 2000

  • This version was replaced on 25 September 2017 to make a correction to section 30U(1)(c) under section 25(1)(j)(iii) of the Legislation Act 2012.

Part 2 Police bail

21 Police employee may grant bail


Any Police employee may, if he or she considers it prudent to do so, grant bail (Police bail) to a defendant who is charged with an offence and has been arrested without a warrant.


Subsection (1) does not apply in any case to which any of section 9, 9A, 10, 12, 16, or 17A applies.


In determining whether it is prudent to grant Police bail to a defendant charged with an offence against section 49 of the Domestic Violence Act 1995, the Police employee must make the need to protect the victim of the alleged offence the paramount consideration.


Despite section 7, no person is entitled to be granted Police bail under this section as of right.

Section 21: replaced, on 4 September 2013, by section 13 of the Bail Amendment Act 2013 (2013 No 66).