48Powers of courts and authorised justices to hear bail applications

#### 48 Powers of courts and authorised justices to hear bail applications 48 Powers of courts and authorised justices to hear bail applications > > (1) A court or authorised justice may make or vary a bail decision, in the manner provided for by this Division, after hearing a bail application. > > > > Note. > > > > There are 3 types of bail application— > > > > > (a) a release application (which can be made by the accused person), or > > > > > (b) a detention application (which can be made by the prosecutor), or > > > > > (c) a variation application (which can be made by any interested person). > > > (2) A bail application can be made to, and heard by, a court or authorised justice only if the court or authorised justice has power to hear the application. > > > (3) A court or authorised justice has power to hear a bail application in the circumstances specified in Part 6. > > > > Note. > > > > In general, a court has power to hear a bail application if— > > > > > (a) proceedings for the offence are pending in the court, or > > > > > (b) proceedings on an appeal against a conviction or sentence of the court are pending in another court and the accused person has not made a first appearance before the other court, or > > > > > (c) the bail decision to be varied was made by the court. > > > > However, additional powers, and restrictions on powers, also apply under Part 6.