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Bail Act 1982
16Authority for police to grant bail
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16 Authority for police to grant bail
(2) A police officer may, as an alternative to bringing a person the
officer has arrested before a court of competent jurisdiction as
required by Part VII, Division 6 of the Police Administration
Act 1978 within the time in which under that Division the officer
would be required to bring the person before the court:
(a) inform the person charged of the person's right to apply for
bail; and
(b) as far as practicable, ensure that the person charged is able to
communicate with a legal practitioner or someone of the
person's choosing in connection with an application for bail.
(3) An authorised member must, as soon as practicable after a person
becomes entitled to apply for bail, determine whether bail should be
granted under this Act.
Bail Act 1982 16
(4) The police officer mentioned in subsection (2) may refrain from
complying with subsection (2)(b) if the officer believes, on
reasonable grounds, that it is necessary to do so in order to
prevent:
(a) the escape of an accomplice of the accused person; or
(b) the loss, destruction or fabrication of evidence relating to an
(5) A police officer who holds the rank of Sergeant or higher rank or
any other police officer who is for the time being in charge of a
police station may grant bail under this Part.