34Power of police officers, &c., to admit to bail

### 34 Power of police officers, &c., to admit to bail > *\[Section 34 Substituted by No. 108 of 1974, s. 9 \]**\[Section 34 Amended by No. 48 of 1984, s. 4 \]**\[Section 34 Amended by No. 45 of 1986, s. 5 \]**\[Section 34 Amended by No. 64 of 1994, s. 4 \]**\[Section 34 Amended by No. 43 of 1991 \]**\[Section 34 Amended by No. 21 of 1992, s. 4 \]**\[Section 34 Substituted by No. 10 of 1994, s. 7 and Sched. 2 \]**\[Section 34 Subsection (1) amended by No. 66 of 1995, s. 5 \]* > > > (1)  [*\[Section 34 Subsection (1) amended by No. 40 of 1999, s. 5, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#GS5@Hpa@EN) *\[Section 34 Subsection (1) amended by No. 50 of 1995, s. 5 \]*Subject to [subsection (3)](#GS34@Gs3@EN) , where a person has been taken into custody for a simple offence, for a breach of duty, pursuant to a warrant issued by a justice under [section 12 of the](/view/html/inforce/2026-04-12/act-1994-009#GS12@EN) [Bail Act 1994](/view/html/inforce/2026-04-12/act-1994-009) or to facilitate the making of an application for a restraint order– > > > > > > (a) [*\[Section 34 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja39@GC2@EN) a commissioned police officer; or > > > > > > > (b) a police officer who is in charge, or has for the time being the charge, of a police office or police station; or > > > > > > > (c) [*\[Section 34 Subsection (1) amended by No. 25 of 2006, Sched. 2, Applied:23 Dec 2006\]*](/view/html/inforce/2006-12-23/act-2006-025#JS2@Ja2@GC1@EN) in the case of an offence against the [Marine Safety (Misuse of Alcohol) Act 2006](/view/html/inforce/2026-04-12/act-2006-025) or [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) , an approved operator under those Acts – > > > > must inquire into the case and must, unless there is reasonable ground for believing that such a course would not be desirable in the interests of justice, admit that person to bail. > > > (2)  [*\[Section 34 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja7@GC2@Hpb@EN) [*\[Section 34 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja7@GC2@Hpa@EN) [*\[Section 34 Subsection (2) amended by No. 40 of 1999, s. 5, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#GS5@Hpb@EN) *\[Section 34 Subsection (2) added by No. 66 of 1995, s. 5 \]*In the case of a person taken into custody for a family violence offence or to facilitate the making of an application for a family violence order or restraint order, the person considering under [subsection (1)](#GS34@Gs1@EN) whether to admit that person to bail, in determining whether there is reasonable ground for believing that to do so would not be in the interests of justice– > > > > > > (a) [*\[Section 34 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja7@GC2@Hpd@EN) [*\[Section 34 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja7@GC2@Hpc@EN) must consider the protection and welfare of the person against whom the offence was committed or for whose benefit the family violence order, restraint order, interim restraint order or telephone interim restraint order is sought or was made to be of paramount importance; and > > > > > > > (b) [*\[Section 34 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja7@GC2@Hpg@EN) [*\[Section 34 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja7@GC2@Hpf@EN) [*\[Section 34 Subsection (2) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005\]*](/view/html/inforce/2005-03-30/act-2004-067#JS1@Ja7@GC2@Hpe@EN) [*\[Section 34 Subsection (2) amended by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017\]*](/view/html/inforce/2017-11-25/act-2016-029#JS1@Ja4@GC1@Hpa@EN) must take into account any previous violence by that person against the person against whom the offence was committed or for whose benefit the family violence order, restraint order, interim restraint order or telephone interim restraint order is sought or was made or against any other person whether or not that person was convicted of an offence, or had a prior family violence order or restraint order made against him or her, in respect of that violence; and > > > > > > > (c) [*\[Section 34 Subsection (2) amended by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017\]*](/view/html/inforce/2017-11-25/act-2016-029#JS1@Ja4@GC1@Hpb@EN) must take into account whether a recognised DVO, within the meaning of the [Domestic Violence Orders (National Recognition) Act 2016](/view/html/inforce/2026-04-12/act-2016-029) , is in force under that Act in respect of that person. > > > (3)  *\[Section 34 Subsection (3) inserted by No. 50 of 1995, s. 5 \]* [Subsection (1)](#GS34@Gs1@EN) does not apply if the person is detained under [section 4 (2) of the](/view/html/inforce/2026-04-12/act-1995-072#GS4@Gs2@EN) [Criminal Law (Detention and Interrogation) Act 1995](/view/html/inforce/2026-04-12/act-1995-072) .