74Bail pending court appearance for contempt

74 Bail pending court appearance for contempt

(1) If it is not practicable for a person who is arrested under an arrest warrant to be brought before the Supreme Court without delay after he or she is arrested—

(a) the person for the time being in charge of the place where he or she is detained must—

(i) advise the person that he or she is entitled to apply to a bail justice for discharge from custody; and

(ii) give the person a written statement, in the prescribed form (if any), of his or her right to apply for discharge from custody; and

(b) if the person elects to apply for discharge from custody, the person for the time being in charge of the place where he or she is detained must—

S. 74(1)(b)(i) amended by No. 31/2024 s. 113(Sch. 1 item 1.117).

(i) give written notice to Integrity Oversight Victoria of the person's election to apply; and

(ii) cause the person to be brought before a bail justice as soon as practicable; and

(iii) cause to be produced before the bail justice the arrest warrant and the certificate of charge for the person; and

(iv) abide by the decision of the bail justice in relation to the person.

(2) When a person is brought before a bail justice under subsection (1), the bail justice may, subject to this section, discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence.

S. 74(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.117).

(3) A bail justice must not determine a bail application under this section unless satisfied that Integrity Oversight Victoria has had sufficient time after receiving notice under subsection (1)(b)(i) to determine whether to oppose the grant of bail and if so to state that opposition to the bail justice.

S. 75 inserted by No. 19/2012 s. 12.