Bail Act 2000

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Version as at 28 October 2021

Bail Act 2000

Public Act		2000 No 38
Date of assent		10 October 2000
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

1	Title
2	Commencement
3	Interpretation
3AA	References to Family Violence Act 2018 [Repealed]
3A	Transitional, savings, and related provisions
4	Act binds the Crown
5	Purpose
	Part 1 General provisions regarding bail
6	Application of this Part
7	Rules as to granting bail
8	Consideration of just cause for continued detention
9	Restriction on bail if defendant charged with treason or espionage
9A	Restriction on bail if defendant charged with murder
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
15	Granting of bail to defendant who is 18 years of age or younger
	Special provisions in respect of bail for drug dealing offences
16	Judge only may grant bail for drug dealing offence
17	Bail for drug dealing offence may be continued or renewed by District Court [Repealed]
17A	Restriction on bail if defendant charged with serious Class A drug offence
	General provisions relating to bail hearings
18	Bail hearing may be in private
19	Publication of matters relating to hearing
20	Evidence in bail hearing
	Part 2 Police bail
21	Police employee may grant bail
21A	Notice of Police bail
21B	Conditions of Police bail
22	Conditions of Police bail granted to defendant charged with family violence offence
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25	Effect on bond of attendance or non-attendance of person bailed by constable [Repealed]
26	Breach of condition of Police bail
	Part 3 Court bail
	Subpart 1—Granting of bail on adjournment
27	Bail on adjournment
28	Warrant for detention of defendant remanded on bail
29	Defendant, if bailable as of right, to be brought before court on request
30	Conditions of bail
30AA	Imposition, and effect, of drug or alcohol condition
30AAA	Conditions of bail granted to defendant charged with family violence offence
	Electronic monitoring condition
30A	Purpose of EM condition
30B	When court may grant bail with EM condition
30C	Court must not grant bail with EM condition if less restrictive bail conditions suffice
30D	Application for bail with EM condition
30E	Responsibility for management of EM bail
30F	EM reports
30G	EM assessor must ascertain whether relevant occupants consent to defendant remaining at EM address
30H	Use of information obtained for EM report
30I	Court must be satisfied as to certain matters before granting bail with EM condition
30J	Court must specify EM address
30K	EM assessor must define area of EM address to which defendant is confined
30L	Defendant’s obligations under EM condition
30M	Authorised absence from EM address
30N	EM assessor may approve temporary EM address
30O	Use of information obtained from electronic monitoring
30P	Court may remand defendant in custody pending installation of electronic monitoring equipment, etc
30Q	Defendant on bail with EM condition not in custody
30R	Bail with EM condition does not affect entitlements under Social Security Act 2018
30S	Subsequent application for bail with EM condition
	Testing and monitoring of defendants on bail with drug or alcohol conditions
30T	Defendant on bail (other than Police bail) with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
30U	How notice of requirement to undergo testing or to submit to continuous monitoring may be given
30V	Where prescribed testing procedure may be carried out
30W	Breach of drug or alcohol condition
30X	Information obtained from drug and alcohol testing or monitoring
	Procedures after defendant granted bail
31	Release of defendant granted bail
32	Warrant of deliverance [Repealed]
33	Variation of conditions of bail
34	Consequences of variation of conditions of bail
34A	Surrender of defendant on bail with EM condition
35	Defendant on bail may be arrested without warrant in certain circumstances
36	Arrest of defendant charged with drug dealing offence
36A	Offence to refuse authorised person entry to EM address
37	Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail
38	Failure to answer bail
39	Non-performance of condition of bail may be certified and recorded
39A	Court must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety
	Subpart 2—Bail on deferment of sentence
40	Bail on deferment of sentence
	Subpart 3—Appeals on question of bail
	Appeals from decisions of Justices or Community Magistrates [Repealed]
41	Interpretation
42	Appeal against decision relating to bail
43	Procedure relating to appeal under section 42
	Appeals from decisions of District Court Judges [Repealed]
44	Execution of decision of appeal court on appeal relating to bail under section 42
45	Procedure relating to appeal under section 44 [Repealed]
46	Execution of decision of High Court on appeal relating to bail [Repealed]
	Appeals from decisions of High Court [Repealed]
47	Appeal from decision of High Court relating to bail [Repealed]
48	Procedure relating to appeal under section 47 [Repealed]
49	Execution of decision of Court of Appeal on appeal relating to bail [Repealed]
	Appeals from decisions of Court of Appeal on appeal [Repealed]
50	Execution of decision of Supreme Court on appeal relating to bail [Repealed]
	Appeal against entry of non-performance of condition of bail [Repealed]
51	Appeal against entry by Justice or Community Magistrate of non-performance of condition of bail in court record [Repealed]
52	Appeal against entry by District Court Judge or High Court Judge of non-performance of condition of bail in court record [Repealed]
	Issue of warrant for detention in custody
52A	Period for which warrant for detention in custody may be issued
	Subpart 4—Bail pending appeal against conviction or sentence
53	Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge
54	Granting of bail to appellant in custody or on home detention pending appeal to High Court, Court of Appeal, or Supreme Court
54A	Appeal against entry by court of non-performance of condition of bail in court record
55	When person is in custody or on home detention for purposes of section 54
56	Appeals on questions of law
57	Intermediate effects of appeal
58	Time on bail pending appeal not to be taken as time served
59	Surrender of appellant released on bail from sentence of imprisonment
60	Surrender of appellant released on bail from sentence of home detention
	Part 4 Bail when proceedings taken by way of indictment [Repealed]
	Part 5 Miscellaneous provisions
73	Rules relating to practice and procedure of courts
73AA	Rules about drug and alcohol testing and monitoring
73AAB	Further provisions concerning rules about drug and alcohol testing and monitoring
73AAC	Availability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012 [Repealed]
73A	Authentication of documents
74	Repeal and enactments amended
75	Savings
	Schedule 1AA Transitional, savings, and related provisions
	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 [Repealed]
	Schedule 2 Amendments to other enactments
	Crimes Amendment Act (No 3) 2011
	Bail Amendment Act 2011
	Notes

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