78Powers of bail authorities

78 Powers of bail authorities

78 Powers of bail authorities

(1) A relevant bail authority before which an accused person is brought or appears may, if satisfied that the person has failed or was about to fail to comply with a bail acknowledgment or a bail condition—

(a) release the person on the person’s original bail, or

(b) vary the bail decision that applies to the person.

Note.

The power to vary a bail decision includes a power to revoke the bail decision and substitute a new bail decision—section 4 (3) (a).

(2) (Repealed)

(3) Part 3 applies to the exercise by the bail authority of its functions under this section.

(4) However, a bail authority may revoke or refuse bail under this section even if the offence is an offence for which there is a right of release under Part 3. An offence ceases to be an offence for which there is a right to release if bail is revoked or refused under this section.

(5) An authorised justice must not make a decision under this section in relation to bail.

(6) In this section, a relevant bail authority means—

(a) (Repealed)

(b) the Local Court, or

(c) a court before which the person is required to appear by his or her bail acknowledgment.

s 78: Am 2015 No 44, Sch 1 [11] [12]; 2025 No 61, Sch 3.1[17] [18].