ACTIn ForceAct
Bail Act 1992
15Deciding of questions of bail by authorised officers
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15 Deciding of questions of bail by authorised officers
(1) An authorised officer who is required to consider whether to grant
bail to an accused person must as soon as reasonably practicable—
(a) give—
(i) the accused person or a lawyer representing the accused
person; and
(ii) any police officer involved in the investigation of the
offence with which the accused person is charged;
an opportunity to make submissions to the authorised officer
about the conditions to which any grant of bail to the accused
person should be made subject; and
(b) having regard to those submissions, to the applicable bail criteria
and to any other available information that the authorised officer
considers relevant and reliable, decide whether the person
should be granted bail.
(2) If the authorised officer is satisfied, having regard to the applicable
bail criteria, that—
(a) it is appropriate to release the person on the person giving an
undertaking to appear; and
(b) it is not necessary to impose a bail condition;
the authorised officer must release the person on the person giving
that undertaking.
(3) If the authorised officer is satisfied, having regard to the applicable
bail criteria, that it is not appropriate to grant bail to the accused
person without imposing a condition, the authorised officer must,
having regard to—
(a) the conditions that may be imposed in granting bail to a person;
and
(b) the extent to which the imposition of 1 or more bail conditions
would be appropriate having regard to the matters mentioned in
whichever of section 9F (2), section 22 or section 23 applies to
the making of a decision regarding the granting of bail to the
accused person;
decide whether to grant bail to the accused person.