Local Court (Criminal Procedure) Act 1928
60Remand or discharge on bail
Start here
Get a plain-English read of 60
Turn the raw legal text into a practical explanation grounded in Local Court (Criminal Procedure) Act 1928.
60 Remand or discharge on bail (1) Where a defendant is apprehended under a warrant or where, from the absence of witnesses, or from any other reasonable cause, it becomes necessary or advisable to defer or adjourn the defendant's hearing, the Court may remand, and may, from time to time, further remand that defendant for such period as the Court thinks fit, but not exceeding 15 clear days at any one time unless both parties consent thereto. (2) Where the Court remands under subsection (1) or (3) a defendant, the Court shall, in respect of the defendant's period of remand or further period of remand, as the case may be, commit that (a) by warrant into the custody of the Commissioner of Correctional Services; or (b) orally to the custody of the constable or other person who apprehended him; or (c) orally to such other safe custody as the Court thinks fit, and the Court shall order that defendant to be brought up at some stated time and placed before the Court, of which order a reigistrar shall give the complainant due notice. (3) The Court, on being satisfied that a defendant who has been remanded under subsection (1) and committed into custody in accordance with subsection (2) is, by reason of illness or accident, unable at the expiration of the period for which the defendant was remanded under subsection (1) to appear personally before the
Local Court (Criminal Procedure) Act 1928 15 Court may, in the absence of the defendant, further remand that defendant for such period as the Court thinks fit, but not exceeding 15 clear days at any one time. (5) The Court may, instead of committing under subsection (2) a defendant, grant the defendant bail in accordance with the Bail Act 1982.