New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 40

40 Stay of release decision if detention sought

(1) A decision of a court or authorised justice to grant bail or dispense with bail for a serious offence is stayed if--

(a) a bail decision for the offence, other than a bail decision under section 54, has not previously been made by a court or authorised justice, and

(b) a police officer or Australian legal practitioner appearing on behalf of the Crown immediately--

(i) informs the court or authorised justice that a detention application is to be made to the Supreme Court, and

(ii) provides the court or authorised justice with a copy of the written approval of an authorised officer or the Director of Public Prosecutions to make a detention application to the Supreme Court if bail is granted or dispensed with.

(2) The stay of the decision has effect until one of the following occurs (whichever happens first)--

(a) the Supreme Court affirms or varies the decision, or substitutes another decision for the bail decision, or refuses to hear the detention application,

(b) a police officer or some other person acting on behalf of the Crown files with the Supreme Court, or such other court as may be prescribed by the regulations, notice that the Crown does not intend to proceed with the detention application,

(c) 4pm on the day that is 3 business days after the day on which the decision was made.

(3) A bail decision does not entitle a person to be at liberty while the decision is stayed.

(4) A detention application made to the Supreme Court when a decision is stayed under this section is to be dealt with as expeditiously as possible.

(5) In this section--

"authorised officer" means the Commissioner of Police or a member of the NSW Police Force authorised by the Commissioner of Police to exercise the functions of an authorised officer under this section.

"business day" means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales.

"serious offence" means--

(a) the offence of murder or any other offence punishable by imprisonment for life, or

(b) an offence under or mentioned in a provision of Part 3 of the Crimes Act 1900 involving sexual intercourse, or an attempt to have sexual intercourse, with a person under the age of 16 years, or

(c) a serious domestic violence offence, or

(d) an offence against the Crimes Act 1900 , section 54D, or

(e) an offence against a provision of the Crimes Act 1900 , Part 3, Division 10, Subdivision 2.