Reprint as at 3 December 2018

Coat of Arms of New Zealand

Bail Act 2000

Public Act
 
2000 No 38
Date of assent
 
10 October 2000
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Interpretation
3AAReferences to Family Violence Act 2018
3ATransitional, savings, and related provisions
4Act binds the Crown
5Purpose
6Application of this Part
7Rules as to granting bail
8Consideration of just cause for continued detention
9Restriction on bail if defendant charged with treason or espionage
9ARestriction on bail if defendant charged with murder
10Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence
11Restriction on bail if defendant with previous conviction for specified offence found guilty or pleads guilty to further specified offence
12Further restriction on bail in certain cases
13Exercise of discretion when considering bail pending sentencing
14Exercise of discretion when considering bail pending appeal
15Granting of bail to defendant who is 17 years of age
16Judge only may grant bail for drug dealing offence
17Bail for drug dealing offence may be continued or renewed by District Court [Repealed]
17ARestriction on bail if defendant charged with serious Class A drug offence
18Bail hearing may be in private
19Publication of matters relating to hearing
20Evidence in bail hearing
21Police employee may grant bail
21ANotice of Police bail
21BConditions of Police bail
22Conditions of Police bail granted to defendant charged with family violence offence
23Bail and breach of protection order
24Failure to answer Police bail
25Effect on bond of attendance or non-attendance of person bailed by constable [Repealed]
26Breach of condition of Police bail
27Bail on adjournment
28Warrant for detention of defendant remanded on bail
29Defendant, if bailable as of right, to be brought before court on request
30Conditions of bail
30AAImposition, and effect, of drug or alcohol condition
30AAAConditions of bail granted to defendant charged with family violence offence
30APurpose of EM condition
30BWhen court may grant bail with EM condition
30CCourt must not grant bail with EM condition if less restrictive bail conditions suffice
30DApplication for bail with EM condition
30EResponsibility for management of EM bail
30FEM reports
30GEM assessor must ascertain whether relevant occupants consent to defendant remaining at EM address
30HUse of information obtained for EM report
30ICourt must be satisfied as to certain matters before granting bail with EM condition
30JCourt must specify EM address
30KEM assessor must define area of EM address to which defendant is confined
30LDefendant’s obligations under EM condition
30MAuthorised absence from EM address
30NEM assessor may approve temporary EM address
30OUse of information obtained from electronic monitoring
30PCourt may remand defendant in custody pending installation of electronic monitoring equipment, etc
30QDefendant on bail with EM condition not in custody
30RBail with EM condition does not affect entitlements under Social Security Act 2018
30SSubsequent application for bail with EM condition
30TDefendant on bail (other than Police bail) with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring
30UHow notice of requirement to undergo testing or to submit to continuous monitoring may be given
30VWhere prescribed testing procedure may be carried out
30WBreach of drug or alcohol condition
30XInformation obtained from drug and alcohol testing or monitoring
31Release of defendant granted bail
32Warrant of deliverance [Repealed]
33Variation of conditions of bail
34Consequences of variation of conditions of bail
34ASurrender of defendant on bail with EM condition
35Defendant on bail may be arrested without warrant in certain circumstances
36Arrest of defendant charged with drug dealing offence
36AOffence to refuse authorised person entry to EM address
37Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail
38Failure to answer bail
39Non-performance of condition of bail may be certified and recorded
39ACourt must order bail money to be paid to the Crown unless justice, etc, requires money to be returned to surety
40Bail on deferment of sentence
[Repealed]
41Interpretation
42Appeal against decision relating to bail
43Procedure relating to appeal under section 42
[Repealed]
44Execution of decision of appeal court on appeal relating to bail under section 42
45Procedure relating to appeal under section 44 [Repealed]
46Execution of decision of High Court on appeal relating to bail [Repealed]
[Repealed]
47Appeal from decision of High Court relating to bail [Repealed]
48Procedure relating to appeal under section 47 [Repealed]
49Execution of decision of Court of Appeal on appeal relating to bail [Repealed]
[Repealed]
50Execution of decision of Supreme Court on appeal relating to bail [Repealed]
[Repealed]
51Appeal against entry by Justice or Community Magistrate of non-performance of condition of bail in court record [Repealed]
52Appeal against entry by District Court Judge or High Court Judge of non-performance of condition of bail in court record [Repealed]
52APeriod for which warrant for detention in custody may be issued
53Granting of bail to appellant in custody or on home detention pending appeal to District Court presided over by District Court Judge
54Granting of bail to appellant in custody or on home detention pending appeal to High Court, Court of Appeal, or Supreme Court
54AAppeal against entry by court of non-performance of condition of bail in court record
55When person is in custody or on home detention for purposes of section 54
56Appeals on questions of law
57Intermediate effects of appeal
58Time on bail pending appeal not to be taken as time served
59Surrender of appellant released on bail from sentence of imprisonment
60Surrender of appellant released on bail from sentence of home detention
[Repealed]
73Rules relating to practice and procedure of courts
73AARules about drug and alcohol testing and monitoring
73AABFurther provisions concerning rules about drug and alcohol testing and monitoring
73AACAvailability of rules about drug and alcohol testing and monitoring, and status under Legislation Act 2012
73AAuthentication of documents
74Repeal and enactments amended
75Savings
[Repealed]
Reprint notes