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Bail Act 1992
34Written notice of conditions of bail
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34 Written notice of conditions of bail
(1) A court or authorised officer granting bail to an accused person—
(a) must give the accused person a written notice setting out—
(i) the person’s obligations under the person’s bail conditions;
and
with the conditions; and
(b) must be satisfied, before releasing the accused person, that the
person will comply with the conditions.
(2) A court or authorised officer granting bail to an accused person with
a surety for the accused person’s appearance to answer the charges
against the person —
(a) must give the surety written notice of—
(i) the accused person’s obligations under the person’s bail
conditions; and
with the conditions; and
(b) must be satisfied, before releasing the accused person, that the
surety understands—
(i) the nature and extent of the accused person’s obligations
under the person’s bail conditions; and
with the conditions.
(3) If a bail condition is imposed or varied on a review under part 6 of a
decision made in relation to bail, the court or authorised officer
imposing or varying the condition—
(a) must give the accused person a written notice setting out—
(i) the person’s obligations under the condition; and
with the condition; and
(b) must be satisfied that the accused person will comply with the
condition; and
(c) if there is a surety for the appearance of the accused person to
answer the charges against the accused person—
(i) must give the surety a written notice setting out—
(A) the accused person’s obligations under the condition;
and
(B) the consequences of any failure by the person to
comply with the condition; and
(ii) must be satisfied that the surety understands—
(A) the nature and extent of the accused person’s
obligations under the condition; and
(B) the consequences of any failure by the person to
comply with the condition.
(4) A court continuing bail on an adjournment or a postponement of a
proceeding must give the accused person written notice stating—
(a) that bail is continued until the proceeding resumes; and
(b) the place, day and time at which the proceeding will resume or,
if that is not yet decided, that the proceeding will resume at a
place, day and time stated in an additional written notice; and
(c) the conditions on which bail is allowed.
(5) A notice under subsection (4) must be given—
(a) as soon as practicable—
(i) after deciding to continue bail; or
(ii) for an additional notice—after deciding the place, day and
time for resuming the proceeding; and
(b) in a way—
(i) prescribed by regulation (a prescribed way of service); or
(ii) if the accused person makes a nomination under
subsection (6)—nominated by the person.
(6) The accused person may nominate a prescribed way of service for
being given a notice under subsection (4), other than a way that
involves personal service on the person or any other person.
(7) Failure to comply with subsection (4) or (5) does not invalidate the
continuation of bail.