NSWIn ForceAct
Bail Act 2013
44Bail decision to be made after person is charged
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#### 44 Bail decision to be made after person is charged
44 Bail decision to be made after person is charged
> > (1) A police officer must ensure that, as soon as reasonably practicable after a person in police custody is charged with an offence—
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> > > (a) a bail decision is made for the offence by a police officer with power to make a bail decision, or the person is brought before a court to be dealt with according to law, and
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> > > (b) the person is given the bail eligibility information.
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> > (2) A record is to be kept, in the form prescribed by the regulations, verifying that the person charged has been given the bail eligibility information.
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> > (3) It is not necessary to give the bail eligibility information to a person if the person is released without bail.
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> > (4) A police officer may defer making a bail decision in respect of an intoxicated person while the person is an intoxicated person, but only if the deferral does not cause delay in bringing the person before a court.
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> > (5) In this section, bail eligibility information means written information, of a kind prescribed by the regulations, about eligibility for bail and the entitlement to request a review of a bail decision made by a police officer.
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> **s 44:** Am 2025 No 61, Sch 3.1\[2\].