A person who is refused bail by the police or by a court constituted of justices, may apply for a review of that decision by a magistrate. If bail was granted, the Crown may apply for such review. The application is treated as a fresh application, and the court must hear and determine it as expeditiously as possible. In Crown applications, if counsel appearing for the Crown or a police officer tells the bail authority that an application for review is to be made, then the bail authority must delay the release of the applicant until after the review, or for a period of 72 hours, whichever first occurs. If the review is not heard within 72 hours the applicant must be released.
A child who is refused bail may ask that the matter be reviewed by the Youth Court. This must be done as soon as reasonably practicable.
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Review by a magistrate : Last Revised: Wed Jun 16th 2004 |
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