NSWIn ForceAct
Bail Act 2013
50Prosecutor may make detention application
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#### 50 Prosecutor may make detention application
50 Prosecutor may make detention application
> > (1) The prosecutor in proceedings for an offence may apply to a court for the refusal or revocation of bail for an offence or for the grant of bail with the imposition of bail conditions.
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> > (2) An application under this section is a detention application.
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> > (3) A court may, after hearing the detention application—
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> > > (a) dispense with bail, or
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> > > (b) grant bail (with or without the imposition of bail conditions), or
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> > > (c) refuse bail.
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> > (4) If a bail decision has already been made, a court may, after hearing the detention application—
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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 court is not to hear a detention application unless satisfied that the accused person has been given reasonable notice of the application by the prosecutor, subject to the regulations.
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> > (6) To avoid doubt, a prosecutor may oppose a release application made by an accused person to a court without making a detention application.
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> **s 50:** Am 2014 No 5, Sch 1 \[4\]; 2016 No 54, Sch 1.1 \[3\]; 2025 No 61, Sch 3.1\[2\].