New Zealand Legislation: Acts

21 Defendant admitted to bail by Police employee

• (1) Any Police employee may, if he or she considers it prudent to do so, take the bail bond of a person who—

  • (a) is charged with an offence for which that person may be proceeded against summarily; and

  • (b) has been arrested without warrant; and

  • (c) cannot practicably be brought immediately before a court.

  (2) In determining whether it is prudent to grant bail under subsection (1) to any person charged with an offence against section 49 of the Domestic Violence Act 1995, the need to protect the victim of the alleged offence is the paramount consideration.

  (2A) Despite section 7, no defendant is entitled to be granted bail under this section as of right.

  (3) Any bail bond taken under this section—

  • (a) may be either with or without sureties as the Police employee thinks fit; and

  • (b) must be in such sum or sums as the Police employee thinks sufficient; and

  • (c) is subject to the condition that, at a time and place to be specified in the bond, being a time not later than 7 days from the date of the bond, the person bailed attend personally before a court.

  (4) If a person is granted bail under this section, the Police employee who takes the bail bond of the person may, in addition to the conditions that may be imposed under subsection (3), also impose any condition that might be imposed by a District Court or Registrar under subsection (2) or subsection (3) of section 31.

  (4A) If a person charged with a domestic violence offence is granted bail under this section, the Police employee who takes the bail bond of that person may impose—

  • (a) any condition that he or she considers reasonably necessary to protect—

    • (i) the victim of the alleged offence; and

    • (ii) any particular person residing with the victim:

  • (b) any condition that may otherwise be imposed under subsections (3) and (4).

  (4B) In this subsection and subsection (4A),—

  domestic relationship has the meaning given to it by section 4 of the Domestic Violence Act 1995

  domestic violence offence means an offence against any enactment involving the use of violence against a person with whom the offender is, or has been, in a domestic relationship

  violence has the meaning given to it by section 3(2), (4), and (5) of the Domestic Violence Act 1995.

  (5) A bail bond taken under this section has the same effect as if it had been taken before a Justice.

  Compare: 1957 No 87 s 51

  Section 21 heading: amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

  Section 21(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

  Section 21(2): amended, on 28 October 2009, by section 6(1) of the Bail Amendment Act 2009 (2009 No 45).

  Section 21(2A): inserted, on 19 December 2002, by section 4 of the Bail Amendment Act 2002 (2002 No 57).

  Section 21(3)(a): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

  Section 21(3)(b): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

  Section 21(4): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

  Section 21(4A): inserted, on 28 October 2009, by section 6(2) of the Bail Amendment Act 2009 (2009 No 45).

  Section 21(4B): inserted, on 28 October 2009, by section 6(2) of the Bail Amendment Act 2009 (2009 No 45).