Accused Affected

Question 1

Outline

s8B BA 1977

Answer 1

• If accused is charged with offence of causing injury to a person
  
  • BDM may refuse bail, if at the time of deciding application

It is uncertain if the person injured will die or

recover from the injury

Question 2

How long can BDM adjourn the hearing

• for what reason

s8 (3) and (4) BA 1977

Answer 2

• Adjourn the hearing for up to 4 HRS
• If BDM is satisfied that the AP appears to be seriously affected by
  
  • alcohol
  • drugs or
  • Another drug or
  • combination of drugs

Question 3

What section of BA 1977 is police prohibited from granting bail

Answer 3

• s13 (1) and (2)
• Only CRT can grant bail to person accused
  
  • with murder or
  • treason

Question 4

What section of the BA 1977 are police exercising when they refuse bail to an AP

Which group of people does this section not apply to

Answer 4

• s10(5)
  
  • police can remand the person to appear before a CRT as soon as practicable
• BJ not required to be called out
• s10(5) does not apply to
  
  • Children
  • Aboriginal Persons
  • Vulnerable Adults

Question 5

Not practicable for person to be brought to CRT within 48HRS

s10AA (5) - (7) BA 1977

Answer 5

If it is not practicable for person to be brought before CRT within 48HRS

(including audio visual link)

• PO MUST NOT REMAND the person into custody
• if this occurs person must be brought before BJ as soon as practicable

This also includes

• if person has already been remanded and is not brought before CRT within 48HRS
  
  • person must be brought before BJ as soon as practicable after the expiration of the 48HR period