109VPowers of District Court to hear fresh bail application

#### 109V Powers of District Court to hear fresh bail application 109V Powers of District Court to hear fresh bail application > > (1) If the Children’s Court makes a bail decision under section 109U, the District Court has power to hear a fresh bail application in relation to the matter. > > > (2) (Repealed) > > > (3) A power to hear a bail application conferred by this section may be exercised only if the bail application is made by— > > > > > (a) the person who is the subject of the bail decision, or > > > > > (b) the Secretary (who is taken to be the prosecutor for the purposes of the bail application). > > > > Note. > > > > Section 75 of the [Bail Act 2013](/view/html/inforce/current/act-2013-026) provides that a fresh bail application is to be dealt with as a new hearing. > > > (4) If bail is refused or revoked on an application under this section, the District Court may— > > > > > (a) if the person is an adult—issue a warrant in accordance with Division 5 committing the person to a correctional centre or other place of security, or > > > > > (b) if the person is a child or young person—issue a warrant in accordance with Division 5 committing the person to a detention centre, > > > > and order the person to be brought before the Children’s Court at the date, time and place specified in the warrant. > > > (5) The regulations may make provision for bail applications, and the powers of the District Court in respect of bail applications, under this Division. > > > (6) A detention application or variation application under the [Bail Act 2013](/view/html/inforce/current/act-2013-026) cannot be made in relation to a matter after a bail decision in relation to that matter is made under section 109U, except as provided for by this section. > > > (7) Nothing in this section limits the rights of a person held in custody under this Part to make a release application under the [Bail Act 2013](/view/html/inforce/current/act-2013-026). > > > (8) In this section— > > > > bail application has the same meaning as in the [Bail Act 2013](/view/html/inforce/current/act-2013-026). > > **s 109V:** Ins 2005 No 93, Sch 1 \[8\]. Subst 2014 No 5, Sch 2.2 \[2\]. Am 2025 No 61, Sch 3.3\[12\]–\[16\].