Bail Amendment Bill

  • enacted

Hon Judith Collins

Bail Amendment Bill

Government Bill

17—2

As reported from the Law and Order Committee

Contents

Commentary

Key

1 Title

2 Commencement

3 Principal Act

Part 1
Amendments to principal Act

4 Section 3 amended (Interpretation)

5 Section 7 amended (Rules as to granting bail)

6 Section 8 amended (Consideration of just cause for continued detention)

7 New section 9A inserted (Restriction on bail if defendant charged with murder)

8 Section 10 amended (Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence)

9 Section 15 amended (Granting of bail to defendant under 20 years of age)

10 Sections 16 and 17 replaced

11 New section 17A inserted (Restriction on bail if defendant charged with serious Class A drug offence)

12 Sections 21 and 22 replaced

13 Section 24 replaced (Failure to answer Police bail)

14 Section 25 repealed (Effect on bond of attendance or non-attendance of person bailed by constable)

15 Section 26 replaced (Breach of condition of Police bail)

15A Section 28 amended (Warrant for detention of defendant remanded on bail)

16 Section 30 amended (Conditions of bail)

17 New sections 30A to 30R and cross-heading inserted

18 Section 31 amended (Release of defendant granted bail)

18A Section 32 repealed (Warrant of deliverance)

19 Section 33 amended (Variation of conditions of bail imposed by District Court)

20 Section 34 amended (Variation of conditions of bail imposed by High Court)

21 New section 34A inserted (Surrender of defendant on bail with EM condition)

22 Section 35 amended (Defendant on bail may be arrested without warrant in certain circumstances)

23 Section 36 amended (Arrest of defendant charged with drug dealing offence)

24 New section 36A inserted (Offence to refuse authorised person entry to EM address)

24A Section 37 amended (Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail)

24B Section 39 amended (Non-performance of condition of bail may be certified and recorded)

24C Section 43 amended (Execution of decision of District Court on appeal relating to bail)

24D Section 46 amended (Execution of decision of High Court on appeal relating to bail)

24E Section 48 amended (Procedure relating to appeal under section 47)

24F Section 49 amended (Execution of decision of Court of Appeal on appeal relating to bail)

24G Section 50 amended (Execution of decision of Supreme Court on appeal relating to bail)

24H Section 51 amended (Appeal against entry by Justice or Community Magistrate of non-performance of condition of bail in court record)

24I Section 52 amended (Appeal against entry by District Court Judge or High Court Judge of non-performance of condition of bail in court record)

24J New section 52A and cross-heading inserted

24K Section 54 amended (Granting of bail to appellant in custody pending appeal to High Court)

24L Section 59 amended (Surrender of appellant released on bail)

25 Section 59 amended (Arrest of defendant charged with drug dealing offence)

25A Section 60(1) amended (Issue of warrant to arrest defendant absconding or breaching bail condition)

25B New section 73A inserted (Authentication of documents)

Part 2
Amendments to other Acts

26 Amendments to Children, Young Persons, and Their Families Act 1989

27 Amendments to Sentencing Act 2002

28 Amendment to Bail Amendment Act 2011

29 Amendments to District Courts Act 1947

30 Amendments to District Courts Amendment Act 2011

31 Amendments to Summary Proceedings Act 1957

Legislative history


The Parliament of New Zealand enacts as follows: