35Power of justice to admit person to bail

### 35 Power of justice to admit person to bail > *\[Section 35 Substituted by No. 10 of 1994, s. 7 and Sched. 2 \]**\[Section 35 Substituted by No. 108 of 1974, s. 9 \]**\[Section 35 Amended by No. 45 of 1986, s. 6 \]**\[Section 35 Amended by No. 77 of 1986, s. 5 \]**\[Section 35 Amended by No. 57 of 1987, s. 4 \]**\[Section 35 Amended by No. 43 of 1991 \]**\[Section 35 Amended by No. 64 of 1994, s. 15 \]**\[Section 35 Amended by No. 50 of 1995, s. 7 \]* > > > (1)  Where a person referred to in [section 34A](#GS34A@EN) is brought before a justice, the justice must ask the person whether he or she wishes to apply for bail and, if the person so wishes, the justice – > > > > > > (a) may make an order for bail for the person; or > > > > > > > (b) may refuse bail. > > > (2)  *\[Section 35 Subsection (2) added by No. 66 of 1995, s. 6 \]*In determining whether to refuse to bail or to admit to bail a person who is a prescribed person within the meaning of [section 34A](#GS34A@EN) or a person referred to in [section 34A](#GS34A@EN) [(1)](#GS34A@Gs1@EN) who has been taken into custody in respect of an offence constituted by a breach of a restraint order, interim restraint order or telephone interim restraint order, the justice – > > > > > > (a) must consider the protection and welfare of the person for whose benefit the restraint order, interim restraint order or telephone interim restraint order is sought or was made to be of paramount importance; and > > > > > > > (b) must take into account any previous violence by that person against the person for whose benefit the 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 restraint order made against him or her, in respect of that violence.