38Arrest for absconding or breach of condition

38 Arrest for absconding or breach of condition (1) If a police officer believes on reasonable grounds that a person who has been released on bail has, while on bail, failed to comply with, or is, while on bail, about to fail to comply with, the person's bail undertaking or an agreement entered into by the person pursuant to a bail condition: (a) a police officer may arrest the person without warrant and take the person as soon as practicable before a court; or (b) a Local Court Judge or justice of the peace may: (i) issue a warrant to apprehend the person and bring the person before a court; or (ii) issue a summons for the person's appearance before a court. (2) The court before which the person is brought or appears may: (a) release the person on the person's original bail; or (b) revoke the person's original bail and otherwise deal with the person according to law. (2A) However, the court must revoke bail if: (a) both of the following circumstances apply: (i) the person was charged with a serious violence offence or an offence against which section 7A applies and released on bail despite a presumption against bail; (ii) the court finds that the person has breached a bail undertaking or a condition of bail; or (b) the person, for whom a conduct agreement is in force and the agreement contains a provision as mentioned in section 27A(1)(ia), breaches a condition of bail by contravening that provision of the conduct agreement. Bail Act 1982 42 (3) If the court revokes the person's original bail, the court or any other court before which the person is brought or appears: (a) may grant bail to the person in accordance with this Act; or (b) may, despite anything in this Act, refuse to grant bail to the person and by warrant commit the person into the custody of the Commissioner of Correctional Services or CEO (Youth Justice). (4) Nothing in this section limits the rights of an accused person in custody to apply for bail.