NSWIn ForceAct
Bail Act 2013
42Notice required if accused person granted bail remains in custody
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#### 42 Notice required if accused person granted bail remains in custody
42 Notice required if accused person granted bail remains in custody
> > (1) A person who has custody of an accused person granted bail must cause a court to be given notice that the accused person is still in custody if the accused person is still in custody because a bail condition has not been complied with.
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> > (2) The notice must be given to a court that has power to hear a variation application before the expiration of 8 days after the day bail is granted.
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> > (3) A notice is required to be given only once for any particular grant of bail.
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> > (4) For the purposes of this section, the person who has custody of an accused person is—
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> > > (a) the general manager or other person who has the control and management of the correctional centre where the accused person is in custody, or
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> > > (b) the person in charge of the lock-up or police station where the accused person is in custody.
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> > (5) The regulations may make provision for the form of a notice under this section and for the information to accompany the notice.
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> > (6) This section does not affect the requirement that an accused person in police custody who is not released on bail granted by a police officer be brought before a court as soon as practicable.
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> **s 42:** Am 2025 No 61, Sch 3.1\[2\]; 2025 No 62, Sch 2.