Australian Capital Territory Numbered Acts

BAIL AMENDMENT ACT 2011 (NO. 2 OF 2011) - SECT 6

substitute

42     Power of Magistrates Court to review—decision of authorised officer

    (1)     The Magistrates Court may, on application under this division, review any decision of an authorised officer in relation to bail for an accused person, only if—

        (a)     the court has power to make a bail order under section 20 (1) (a) (Power in relation to bail—Magistrates Court); and

        (b)     the court is satisfied that the applicant has shown—

              (i)     a change in circumstances relevant to the granting of bail since the authorised officer's decision; or

              (ii)     the availability of fresh evidence or information relevant to the granting of bail to the accused person that was unavailable when the authorised officer made the decision.

    (2)     The power of the Magistrates Court to review a decision under this section may be exercised whether or not any power to review the decision under section 38 (Review by authorised officers) has been exercised or been sought to be exercised.

42A     Power of Magistrates Court to review—decision of Magistrates Court

        The Magistrates Court may, on application under this division, review any decision of the court (however constituted) in relation to bail for an accused person, only if—

        (a)     the court has power to make a bail order under section 20 (1) (a) (Power in relation to bail—Magistrates Court); and

        (b)     the court is satisfied that the applicant has shown—

              (i)     a change in circumstances relevant to the granting of bail since the court's decision; or

              (ii)     the availability of fresh evidence or information relevant to the granting of bail to the accused person that was unavailable when the court made the decision; and

        (c)     for an application made by the accused person—the person has made 2 applications for bail in the Magistrates Court in the proceeding to which the bail relates.

43     Power of Supreme Court to review—decision of authorised officer

    (1)     This section applies if, in relation to a decision of an authorised officer in relation to bail for an accused person, the Magistrates Court—

        (a)     does not have power to hear an application for review of the decision; or

        (b)     has heard an application for review of the decision.

    (2)     The Supreme Court may, on application under this division, review the decision of the authorised officer, only if the court is satisfied that the applicant has shown—

        (a)     a change in circumstances relevant to the granting of bail since the authorised officer's decision; or

        (b)     the availability of fresh evidence or information relevant to the granting of bail to the accused person that was unavailable when the authorised officer made the decision.

    (3)     The power of the Supreme Court to review a decision under this section may be exercised whether or not any power to review the decision under section 38 (Review by authorised officers) has been exercised or been sought to be exercised.

43A     Power of Supreme Court to review—decision of Magistrates Court or Supreme Court

    (1)     This section applies if a decision in relation to bail for an accused person has been made by—

        (a)     the Magistrates Court in accordance with section 42A (Power of Magistrates Court to review—decision of Magistrates Court); or

        (b)     the Supreme Court.

    (2)     The Supreme Court may, on application under this division, review the decision of the court, only if the court is satisfied that the applicant has shown—

        (a)     a change in circumstances relevant to the granting of bail since the court's decision; or

        (b)     the availability of fresh evidence or information relevant to the granting of bail to the accused person that was unavailable when the court made the decision.