7Opposing bail

7 Opposing bail

S. 7(1) amended by Nos 26/2017 s. 14(4), 3/2018 s. 23(4), 28/2023 s. 72(1).

(1) Where the prosecutor intends to oppose the grant of bail to any person the prosecutor shall so state to the bail decision maker and the bail decision maker may, before or at any time during the course of the application for bail, make an order directing that the evidence taken, the information given, and the representations made and the reasons (if any) given or to be given by the bail decision maker shall not be published by any means—

S. 7(1)(a) amended by No. 68/2009 s. 97(Sch. items 11.1, 11.9).

(a) if a committal proceeding is held—before the accused in respect of whom the application is made is discharged; or

S. 7(1)(b) amended by No. 68/2009 s. 97(Sch. item 11.1).

(b) if the accused in respect of whom the application is made is tried or committed for trial—before the trial is ended.

S. 7(2) amended by Nos 9554
s. 2(2)(Sch. 2 item 18), 28/2023 s. 72(2).

(2) Any person who fails without lawful excuse, the proof of which lies upon the person, to comply with an order made under subsection (1) shall be guilty of an offence against this Act.

1. 15 penalty units or imprisonment for three months.

S. 8 amended by No. 69/2009 s. 54(Sch. Pt 1 item 4) (ILA s. 39B(1)).