NTIn ForceAct
Bail Act 1982
36AImmediate review and stay of decision to grant bail
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36A Immediate review and stay of decision to grant bail
(1) This section applies if:
(a) the Local Court decides to release an accused person on bail;
and
(b) a police officer or legal practitioner appearing for the Crown
immediately informs the Local Court that a request for review
of the decision is to be made to the Supreme Court under this
(2) The decision of the Local Court is stayed.
(3) The accused person must not be released while the stay of the
decision has effect under this section.
(4) The stay of the decision has effect until the earliest of the following:
(a) the Supreme Court affirms or varies the decision or substitutes
another decision for the decision of the Local Court;
(b) a police officer or legal practitioner appearing for the Crown
files in the Supreme Court a notice that the Crown does not
desire to proceed with the review;
(c) 4 pm on the day that is 3 business days after the day the
decision was made.
(5) The Supreme Court may extend the time referred to in
subsection (4)(c) if the Supreme Court thinks that it is appropriate to
do so in the circumstances.
(6) The Supreme Court may exercise its power under subsection (5)
more than once.
(7) The request for the review of the decision must be dealt with as
expeditiously as possible.
(8) The review is by way of rehearing.
Bail Act 1982 39
(9) 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.
(10) A decision as varied or substituted under subsection (4)(a) must
conform with this Act.
(11) If the person is released because of subsection (4)(b) or (c), the
conditions of bail are those that would have applied had the
decision not been stayed.
(12) In this section:
business day means a day other than a Saturday, Sunday or
public holiday.