50Prosecutor may make detention application

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.

(2) An application under this section is a detention application.

(3) A court may, after hearing the detention application—

(a) dispense with bail, or

(b) grant bail (with or without the imposition of bail conditions), or

(c) refuse bail.

(4) If a bail decision has already been made, a court may, after hearing the detention application—

(a) affirm the bail decision, or

(b) vary the bail decision.

(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.

(6) To avoid doubt, a prosecutor may oppose a release application made by an accused person to a court without making a detention application.

s 50: Am 2014 No 5, Sch 1 [4]; 2016 No 54, Sch 1.1 [3]; 2025 No 61, Sch 3.1[2].