New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 55

55 Variation of bail decision if accused person remains in custody

(1) A court that has power to hear a variation application may conduct a hearing (without application) if an accused person granted bail has remained in custody because a bail condition has not been complied with.

(2) The purpose of the hearing is to review the bail conditions imposed on the grant of bail, not the decision to grant bail.

(3) The court may conduct the hearing of its own motion or at the request of the accused person or a police officer.

(4) A hearing under this section is not to be conducted at the request of a police officer unless the court is satisfied that the request was made--

(a) to benefit the accused person, and

(b) with the consent of the accused person.

(5) If the court decides to conduct a hearing, this Act applies (subject to the regulations) as if the hearing were a hearing of a variation application, except that the powers of the court are the powers conferred by this section.

(6) The court may, after hearing a variation application of a kind referred to in this section--

(a) affirm the bail decision (as to the conditions of bail), or

(b) vary the bail decision, but not revoke or refuse bail.