Bail Act 2000

• Jurisdiction: New Zealand
• Reference: 2000 No 38
• Citation: 2000 No 38
• Record Number: DLM68379
• Act Number: 38
• Type of Document: Act

Contenidos

• Bail Act 2000
• Contents
• 1 Title
• 2 Commencement
• 3 Interpretation
• 3AA References to Family Violence Act 2018
• 3A Transitional, savings, and related provisions
• 4 Act binds the Crown
• 5 Purpose
• Part 1
• 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
• 15 Granting of bail to defendant who is 18 years of age or younger
• 16 Judge only may grant bail for drug dealing offence
• 17 Bail for drug dealing offence may be continued or renewed by District Court
• 17A Restriction on bail if defendant charged with serious Class A drug offence
• 18 Bail hearing may be in private
• 19 Publication of matters relating to hearing
• 20 Evidence in bail hearing
• Part 2
• 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
• 26 Breach of condition of Police bail
• Part 3
• Part Subpart 1
• 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
• 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
• 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
• 31 Release of defendant granted bail
• 32 Warrant of deliverance
• 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,...