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](/view/html/inforce/current/act-1986-209) 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](/view/html/inforce/current/act-1986-209) 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\[7\]–\[9\].