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.
39 Non-performance of condition of bail may be certified and recorded

(1)

If a defendant who has been released on bail at any time fails to comply with any condition of bail, a judicial officer may certify on the notice of bail or, as the case may require, the bail bond the non-performance of that condition.

(2)

A certificate given by a judicial officer under subsection (1) is, in the absence of proof to the contrary, sufficient evidence for the purposes of sections 24 and 38 that the defendant has failed to comply with the condition of the notice of bail or bail bond specified in the certificate.

(3)

In addition to the certification described in subsection (1), if a defendant who has been released on bail at any time fails to comply with any condition of bail, without reasonable excuse, a judicial officer must direct the Registrar that the nature of the condition and the non-performance of the condition be entered in the court record kept in accordance with section 184 of the Criminal Procedure Act 2011.

(4)

Despite subsection (3), the judicial officer may decide not to direct that the failure to comply be entered in the court record if in the judicial officer’s opinion the failure to comply is of such a minor nature that it does not warrant being taken into account when considering an application for bail from the defendant on a subsequent occasion.

(5)

A failure to comply with any condition of bail that is entered in the court record under subsection (3) may be considered in any subsequent application for bail made by that defendant over his or her lifetime.

(6)

In this section, judicial officer means—

(a)

any judicial officer, if the defendant was released on bail by the District Court, a Registrar, or a Police employee in relation to a category 1, 2, or 3 offence and the Solicitor-General has not assumed responsibility for the proceedings in accordance with section 187 of the Criminal Procedure Act 2011:

(b)

a Judge, if any of the matters set out in paragraph (a) do not apply.

Section 39: replaced, on 1 July 2013, by section 15 of the Bail Amendment Act 2011 (2011 No 82).

Section 39(1): amended, on 4 September 2013, by section 29(1) of the Bail Amendment Act 2013 (2013 No 66).

Section 39(3): amended, on 4 September 2013, by section 29(2) of the Bail Amendment Act 2013 (2013 No 66).

Section 39(6): replaced, on 4 September 2013, by section 29(3) of the Bail Amendment Act 2013 (2013 No 66).

Section 39(6)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).