NSWIn ForceAct
Bail Act 2013
47Review of police decision by senior police officer
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#### 47 Review of police decision by senior police officer
47 Review of police decision by senior police officer
> > (1) A senior police officer may carry out a review of a bail decision made by a police officer if—
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> > > (a) bail was refused, or
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> > > (b) bail conditions were imposed.
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> > (2) A senior police officer must carry out a review, at the request of the accused person, if—
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> > > (a) bail was refused, or
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> > > (b) bail was granted subject to a pre-release requirement and the accused person cannot comply with the pre-release requirement.
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> > (3) A senior police officer may carry out a review on the police officer’s own initiative.
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> > (4) A senior police officer may, after carrying out a review of a bail decision—
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> > > (a) affirm the bail decision, or
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> > > (b) vary the bail decision.
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> > (5) A review is not to be carried out if to do so would cause a delay in bringing the accused person before a court.
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> > (6) A review is not required if the bail decision has previously been reviewed by a senior police officer.
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> > (7) In this section, senior police officer means—
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> > > (a) in relation to a bail decision made by a police officer at a police station—
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> > > > (i) a police officer at the police station who is senior to the police officer who made the bail decision, or
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> > > > (ii) if no such police officer is available at the police station, any other police officer who is senior to the police officer who made the bail decision, or
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> > > (b) in relation to a bail decision made by a police officer at a hospital or a mental health facility (within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008)), subject to the regulations, any other police officer who is senior to the police officer who made the bail decision.
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> > (8) (Repealed)
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> **s 47:** Am 2014 No 52, Sch 1 \[16\]–\[18\]; 2015 No 44, Sch 1 \[10\]; 2017 No 44, Sch 1.1 \[2\].