New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 43A

43A Police power to make bail decision--witnesses

(1) A police officer may make a bail decision in respect of a person referred to in section 229 or 308 of the Criminal Procedure Act 1986 if the person is unable to be brought before a court, authorised justice or authorised officer immediately after the person's arrest.

(2) Subject to subsection (3), this Act applies to the person as if--

(a) the person were accused of an offence, and

(b) the proceedings in which the person is required to be examined or produce a document or thing were proceedings for that offence.

(3) In making a bail decision under this section, a police officer may not impose any bail conditions under this Act.

(4) Bail may be granted for the period between--

(a) the police officer making a bail decision for the purposes of this section, and

(b) the person being examined as a witness or producing the document or thing.

Note : See sections 230 and 308 of the Criminal Procedure Act 1986 for provisions relating to bail decisions made by courts and authorised officers.