36Provisions relating to review of bail decisions

36 Provisions relating to review of bail decisions (1) The power under section 34 or 35 to review a bail decision: (a) may only be exercised at the request of the accused person, the informant or complainant, being a police officer, or the Director of Public Prosecutions; and (b) includes the power to affirm or vary the decision or to substitute another decision. (2) A decision as varied or substituted under subsection (1) must be in conformity with this Act. (3) The review of a decision is by way of rehearing, and evidence or information in addition to, or in substitution for, the evidence or information given or obtained on the making of the decision may be given or obtained on the review. (4) Where, on a review under this Division of a decision, bail for an accused person is revoked, the Local Court may by warrant commit the person into the custody of the Commissioner of Correctional Services or CEO (Youth Justice). (5) Where, on a review under this Division of a decision: (a) bail is granted unconditionally and no bail undertaking has been given by the accused person; or (b) a bail condition is imposed; the Local Court may by warrant commit the person into the custody of the Commissioner of Correctional Services or CEO (Youth Justice) until the person gives the undertaking or enters into the condition, as the case may be. (6) A court may refuse to entertain a request to review, under this Division, a decision if the court is satisfied that the request is frivolous or vexatious. (7) The Regulations may make provisions for or in relation to: (a) the manner of making a request to review under this Division a decision in relation to bail; and

Bail Act 1982 38 (b) the giving or sending to persons of notices relating to the proposed exercise of the power to review under this Division a decision in relation to bail; and (c) the circumstances in which such a power may be exercised in the absence of the accused person or the accused person's representative as if the accused person or representative were present.