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BAIL ACT 1980 - SECT 34B
Varying bail if summary charge transmitted from receiving court back to court of summary jurisdiction
34B Varying bail if summary charge transmitted from receiving court back to
court of summary jurisdiction
(1) This section applies if— (a) section 34A applies; and
(b) under the
Criminal Code , section 653 (2) , the receiving court— (i) directs that the
charge be heard by a court exercising summary jurisdiction; and
(ii) orders
the court registrar to send the relevant court record to the clerk of the
court exercising summary jurisdiction.
(2) The summary bail is taken to have
been granted by the court exercising summary jurisdiction on the conditions
that applied to it under section 34A .
(3) However, the summary bail is taken
to be varied to require the defendant to appear before the court of summary
jurisdiction for the hearing of the summary charge on the day set by the
receiving court on the day it gives the direction and makes the order.
(4)
The day set by the receiving court must be not earlier than 1 month after the
day it gives the direction and makes the order.
(5) In this section—
"receiving court" has the meaning given by section 34A (1) (b) .
"summary bail" has the meaning given by section 34A (1) (a) .
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