43APolice power to make bail decision—witnesses

43A Police power to make bail decision—witnesses

43A Police power to make bail decision—witnesses

(1) A police officer may make a bail decision in respect of a person referred to in section 229 of the Criminal Procedure Act 1986 if the person is unable to be brought before a court immediately after the person’s arrest.

(2) Subject to subsection (3), this Act applies to the person as if—

(a) the person were accused of an offence, and

(b) the proceedings in which the person is required to be examined or produce a document or thing were proceedings for that offence.

(3) In making a bail decision under this section, a police officer may not impose any bail conditions under this Act.

(4) Bail may be granted for the period between—

(a) the police officer making a bail decision for the purposes of this section, and

(b) the person being examined as a witness or producing the document or thing.

Note.

See section 230 of the Criminal Procedure Act 1986 for provisions relating to bail decisions made by courts and authorised officers.

s 43A: Ins 2019 No 20, Sch 1.1[1]. Am 2025 No 61, Sch 3.1[7]–[9].