New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 24

24 Bail

(1) An order by a Magistrate or authorised justice under section 19(a) or (b) or 21(1)(a) or (b) in relation to an offence is, for the purposes of the Bail Act 2013 , taken to be a decision to dispense with bail for the offence.

(2) An order under section 19(b) or 21(1)(b) that a defendant be brought back before a Magistrate or authorised justice may be satisfied by taking the defendant to an appropriate police officer for the making of a bail decision in respect of the defendant.

(3) An appropriate police officer may make a bail decision in respect of a defendant brought before the appropriate police officer under this section (despite section 43(3) of the Bail Act 2013 ).

(4) In this section--

"appropriate police officer" means a police officer who may make a bail decision under the Bail Act 2013 in respect of a person accused of an offence who is present at a police station.