12BPersons subject to a summons to answer to a charge

12B Persons subject to a summons to answer to a charge (a) a person subject to a summons to answer to a charge for an offence is before a court (other than the Children's Court) on a hearing in the criminal proceeding relating to the charge; and (b) the hearing of the criminal proceeding is to be adjourned. S. 12B(2) amended by No. 28/2023 s. 10(1)(a). (2) Subject to subsection (2A), the court may, on an application made by the prosecutor or on its own initiative— S. 12B(2)(a) amended by No. 28/2023 s. 10(1)(b). (a) remand the person in custody to appear before the court on the resumption of the hearing; or S. 12B(2)(b) amended by No. 28/2023 s. 10(1)(b). (b) in accordance with this Act, grant the person bail. S. 12B(2A) inserted by No. 28/2023 s. 10(2). (2A) The court must not refuse bail if— (a) the person is accused only of offences against the **Summary Offences Act 1966** that are not referred to in Schedule 3; and (b) the person does not have a terrorism record; and (c) no exception under subsection (2B) applies. S. 12B(2B) inserted by No. 28/2023 s. 10(2). (2B) An exception applies for the purposes of subsection (2A)(c) if— (a) the court has determined under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence; or (b) the person was previously granted bail in respect of any of the offences of which the person is accused and that bail was subsequently revoked. S. 12B(2C) inserted by No. 28/2023 s. 10(2). (2C) If, under subsection (2A), the court must not remand the person, the court must instead either— (a) grant the person bail; or (b) allow the person to go at large. (3) Nothing in this section— (a) affects the operation of section 331 of the **Criminal Procedure Act 2009**; or S. 12B(3)(b) amended by No. 28/2023 s. 10(3). (b) prevents the court allowing the person to go at large, including on refusing an application made by the prosecutor under subsection (2). S. 13 (Heading) substituted by Nos 26/2017 s. 11(1), 32/2018 s. 95(1). S. 13 amended by No. 9690 s. 3, substituted by No. 10084 s. 18(1)(b), amended by Nos 10257 s. 77, 68/2009 s. 97(Sch. item 11.1), substituted by No. 26/2017 s. 10.