55Variation of bail decision if accused person remains in custody

#### 55 Variation of bail decision if accused person remains in custody 55 Variation of bail decision if accused person remains in custody > > (1) A court that has power to hear a variation application may conduct a hearing (without application) if an accused person granted bail has remained in custody because a bail condition has not been complied with. > > > (2) The purpose of the hearing is to review the bail conditions imposed on the grant of bail, not the decision to grant bail. > > > (3) The court may conduct the hearing of its own motion or at the request of the accused person or a police officer. > > > (4) A hearing under this section is not to be conducted at the request of a police officer unless the court is satisfied that the request was made— > > > > > (a) to benefit the accused person, and > > > > > (b) with the consent of the accused person. > > > (5) If the court decides to conduct a hearing, this Act applies (subject to the regulations) as if the hearing were a hearing of a variation application, except that the powers of the court are the powers conferred by this section. > > > (6) The court may, after hearing a variation application of a kind referred to in this section— > > > > > (a) affirm the bail decision (as to the conditions of bail), or > > > > > (b) vary the bail decision, but not revoke or refuse bail. > > **s 55:** Am 2025 No 61, Sch 3.1\[2\].