NSWIn ForceAct
Bail Act 2013
52Powers of authorised justices to vary court decisions
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#### 52 Powers of authorised justices to vary court decisions
52 Powers of authorised justices to vary court decisions
> > (1) An authorised justice may vary a bail decision of a court on a variation application only if the variation application relates to bail conditions that are reviewable by a justice.
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> > (2) The following bail conditions are reviewable by a justice—
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> > > (a) a reporting condition, which is a bail condition that requires the person granted bail to report to a police station while at liberty on bail,
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> > > (b) a residence condition, which is a bail condition that requires the person granted bail to reside at a specified address,
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> > > (c) an association condition, which is a bail condition (however expressed) that requires the person granted bail to refrain from associating with a specified person or class of persons or to refrain from frequenting a specified place or class of places,
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> > > (d) a curfew condition, which is a bail condition (however expressed) that imposes a curfew on the person.
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> > (3) After hearing the variation application, the authorised justice may—
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> > > (a) vary a reporting condition, or
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> > > (b) vary (but not revoke) a residence condition, an association condition or a curfew condition.
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> > (4) An authorised justice is not to vary a bail condition under this section unless satisfied that—
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> > > (a) in the case of a variation application made by a person other than the accused person—the accused person has been notified of the application and no objection to the application has been made by the accused person, and
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> > > (b) in the case of a variation application made by a person other than the prosecutor in the proceedings—the prosecutor has been notified of the application and no objection to the application has been made by the prosecutor.
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> > (5) An authorised justice is not to vary a bail condition under this section—
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> > > (a) at any time before the determination of summary or committal proceedings against the accused person, if the bail condition was imposed by the Supreme Court, or
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> > > (b) at any time after the determination of summary or committal proceedings against the accused person.
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> > (6) Subsection (5) does not prevent an authorised justice from varying a reporting condition—
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> > > (a) to vary the days on which, or the times at which, an accused person must report to a police station, or
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> > > (b) to vary the police station to which the accused person must report.