QLDIn ForceAct
Bail Act 1980
sec.34BVarying bail if summary charge transmitted from receiving court back to court of summary jurisdiction
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### sec.34B Varying bail if summary charge transmitted from receiving court back to court of summary jurisdiction
This section applies if—
section 34A applies; and
under the Criminal Code , section 653 (2) , the receiving court—
directs that the charge be heard by a court exercising summary jurisdiction; and
orders the court registrar to send the relevant court record to the clerk of the court exercising summary jurisdiction.
The summary bail is taken to have been granted by the court exercising summary jurisdiction on the conditions that applied to it under section 34A .
However, the summary bail is taken to be varied to require the defendant to appear before the court of summary jurisdiction for the hearing of the summary charge on the day set by the receiving court on the day it gives the direction and makes the order.
The day set by the receiving court must be not earlier than 1 month after the day it gives the direction and makes the order.
In this section—
receiving court has the meaning given by section 34A (1) (b) .
summary bail has the meaning given by section 34A (1) (a) .
s 34B ins 1999 No. 67 s 7
(sec.34B-ssec.1) This section applies if— section 34A applies; and under the Criminal Code , section 653 (2) , the receiving court— directs that the charge be heard by a court exercising summary jurisdiction; and orders the court registrar to send the relevant court record to the clerk of the court exercising summary jurisdiction.
(sec.34B-ssec.2) The summary bail is taken to have been granted by the court exercising summary jurisdiction on the conditions that applied to it under section 34A .
(sec.34B-ssec.3) However, the summary bail is taken to be varied to require the defendant to appear before the court of summary jurisdiction for the hearing of the summary charge on the day set by the receiving court on the day it gives the direction and makes the order.
(sec.34B-ssec.4) The day set by the receiving court must be not earlier than 1 month after the day it gives the direction and makes the order.
(sec.34B-ssec.5) In this section— receiving court has the meaning given by section 34A (1) (b) . summary bail has the meaning given by section 34A (1) (a) .
- (a) section 34A applies; and
- (b) under the Criminal Code , section 653 (2) , the receiving court— (i) directs that the charge be heard by a court exercising summary jurisdiction; and (ii) orders the court registrar to send the relevant court record to the clerk of the court exercising summary jurisdiction.
- (i) directs that the charge be heard by a court exercising summary jurisdiction; and
- (ii) orders the court registrar to send the relevant court record to the clerk of the court exercising summary jurisdiction.
- (i) directs that the charge be heard by a court exercising summary jurisdiction; and
- (ii) orders the court registrar to send the relevant court record to the clerk of the court exercising summary jurisdiction.