24Arrest of person released on bail

24 Arrest of person released on bail

S. 24(1) amended by Nos 43/2011 s. 6(1), 37/2014 s. 10(Sch. item 8.4(a)).

(1) Any police officer, or any protective services officer on duty at a designated place, may without warrant arrest any person who has been released on bail—

S. 24(1)(a) amended by Nos 68/2009 s. 97(Sch. item 11.26), 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 s. 103(1)(a).

(a) if the police officer or protective services officer has reasonable grounds for believing that the person is likely to breach the bail undertaking or any condition of bail, or has reasonable cause to suspect that the person is breaching or has breached any such condition;

S. 24(1)(b) amended by Nos 68/2009 s. 97(Sch. item 11.26), 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 ss 60(1)(a), 103(1)(b).

(b) if the police officer or protective services officer is notified in writing by any of the person's bail guarantors that the bail guarantor believes that the person is likely to breach the bail undertaking and for that reason the bail guarantor wishes to be relieved of his obligations as a bail guarantor; or

S. 24(1)(c) amended by Nos 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 s. 60(1)(b).

(c) if the police officer or protective services officer has reasonable grounds for believing that any of the person's bail guarantors are dead, or that for any other reason the security is no longer sufficient.

S. 24(1A) inserted by No. 43/2011 s. 6(3), amended by No. 37/2014 s. 10(Sch. item 8.4(a)).

(1A) If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a police officer as soon as practicable after the person is arrested.

S. 24(1B) inserted by No. 45/2017 s. 50.

(1B) A protective services officer may only exercise the power to arrest without warrant under this section in relation to a person who is at, or in the vicinity of, a designated place.

S. 24(2) amended by Nos 51/1989 s. 142(r), 68/2009 s. 97(Sch. item 11.27), substituted by No. 43/2011 s. 6(4), amended by Nos 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 s. 103(2), substituted by No. 8/2025 s. 6.

(2) If a person is arrested under subsection (1) or is handed into the custody of a police officer under subsection (1A), a police officer must deal with the person as follows—

(a) if the person was arrested or handed into custody within 24 hours before the time at which the person is bound by the bail undertaking to attend before a court, a police officer must bring the person before that court at that time; or

(b) if the person was not arrested or handed into custody within the period described in paragraph (a), a police officer must, as soon as practicable (and in any event within 24 hours) bring the person before—