77Police officers may take actions to enforce bail requirements

#### 77 Police officers may take actions to enforce bail requirements 77 Police officers may take actions to enforce bail requirements > > (1) Unless section 77A applies, a police officer who believes, on reasonable grounds, that a person has failed to comply with, or is about to fail to comply with, a bail acknowledgment or a bail condition, may— > > > > > (a) decide to take no action in respect of the failure or threatened failure, or > > > > > (b) issue a warning to the person, or > > > > > (c) issue a notice to the person (an application notice) that requires the person to appear before a court or authorised justice, or > > > > > (d) issue a court attendance notice to the person (if the police officer believes the failure is an offence), or > > > > > (e) arrest the person, without warrant, and take the person as soon as practicable before a court, or > > > > > (f) apply to an authorised justice for a warrant to arrest the person. > > > (2) However, if a police officer arrests a person, without warrant, because of a failure or threatened failure to comply with a bail acknowledgment or a bail condition, the police officer may decide to discontinue the arrest and release the person (with or without issuing a warning or notice). > > > (3) The following matters are to be considered by a police officer in deciding whether to take action, and what action to take (but do not limit the matters that can be considered)— > > > > > (a) the relative seriousness or triviality of the failure or threatened failure, > > > > > (b) whether the person has a reasonable excuse for the failure or threatened failure, > > > > > (c) the personal attributes and circumstances of the person, to the extent known to the police officer, > > > > > (d) whether an alternative course of action to arrest is appropriate in the circumstances. > > > (4) An authorised justice may, on application by a police officer under this section, issue a warrant to apprehend a person granted bail and bring the person before a court. > > > (5) If a warrant for the arrest of a person is issued under this Act or any other Act or law, a police officer must, despite subsection (1), deal with the person in accordance with the warrant. > > > > Note. > > > > Section 101 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) gives power to a police officer to arrest a person in accordance with a warrant. > > > (6) The regulations may make further provision for application notices. > > **s 77:** Am 2019 No 20, Sch 1.1\[2\]; 2025 No 61, Sch 3.1\[2\].