33Review

33 Review (1) An authorised member must ensure that: (a) the person charged is made aware of the determination of the member with respect to the granting of or the refusal to grant bail as soon as practicable after that determination is made; and (b) the person charged is aware of the person's right to apply to the Local Court for a review of that determination in the circumstances mentioned in subsection (3); and (c) as far as is practicable, the person charged is able to communicate with a legal practitioner or any other person in connection with an application to the Local Court under this (2) An authorised member may refrain from complying with subsection (1)(c) if the member believes on reasonable grounds that it is necessary to do so in order to prevent: (a) the escape of an accomplice of the person charged; or (b) the loss, destruction or fabrication of evidence relating to an Bail Act 1982 35 (3) The person charged may apply to the Local Court for a review under this section of any of the following matters: (a) a decision by an authorised member to refuse to grant bail to the person; (b) a failure of an authorised member to determine whether or not to grant bail to the person within 4 hours after the person was charged; (c) a determination by an authorised member to grant bail to the person subject to conditions (other than a bail undertaking) with which: (i) the person is unable or unwilling to comply; or (ii) the person is unable or unwilling to arrange for another person to comply. (4) Where the person charged indicates to a police officer that the person wishes to make an application under subsection (3), the member must, as soon as practicable after the person gives that indication, bring or arrange for the person to be brought before the Local Court or must arrange for the person to make an application to the Local Court by telephone, telex, radio or similar facility. Note for subsection (4) Section 49E(8) of the Evidence Act 1939 provides that a requirement that a person be before a court is taken to be satisfied if the person is before the court by way of a communication link in accordance with Part 5, Division 2 of that Act. (5) If a person who may make an application under subsection (3) for a matter has not done so, the Local Court may, at the initiative of the Local Court, review that matter. (6) In reviewing a matter under subsection (3) or (5), the Local Court must: (a) for a matter mentioned in subsection (3)(a) or (c): (i) review the decision or determination; and (ii) confirm or vary the decision or determination (including varying or imposing conditions of bail for the person); or (b) for a matter mentioned in subsection (3)(b) – determine whether or not to grant bail to the person (including imposing conditions of bail if bail is to be granted). Bail Act 1982 36 (7) The Local Court: (a) must give the person, his or her legal representative and the authorised member reasonable opportunity to make submissions for subsection (6); and (b) may make any order for exercising the power of the Local Court under this section.