ACTIn ForceAct
Bail Act 1992
43Power of Supreme Court to review—decision of
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43 Power of Supreme Court to review—decision of
authorised officer
(1) This section applies if, in relation to a decision of an authorised
officer in relation to bail for an accused person, the Magistrates
Court—
(a) does not have power to hear an application for review of the
decision; or
(b) has heard an application for review of the decision.
(2) The Supreme Court may, on application under this division (other
prosecution)), review the decision of the authorised officer, only if
the court is satisfied that the applicant has shown—
(a) a change in circumstances relevant to the granting of bail since
the authorised officer’s decision; or
(b) the availability of fresh evidence or information relevant to the
granting of bail to the accused person that was unavailable when
the authorised officer made the decision.
(3) The power of the Supreme Court to review a decision under this
section may be exercised whether or not any power to review the
decision under section 38 (Review by authorised officers) has been
exercised or been sought to be exercised.