Friday, 24 October 2014

Gender Justice AND Domestic Violence: New Zealand Bail Act 2000 MAKES SPECIAL PROVISION AND OTHER THINGS

http://www.legislation.sa.gov.au/LZ/C/A/BAIL%20ACT%201985.aspx

New Zealand Bail Act 2000

 
22 Conditions of Police bail granted to defendant charged with domestic violence offence
(1)In addition to the condition or conditions imposed under section 21B, a Police employee who grants Police bail to a defendant charged with a domestic violence offence may impose as a condition of the bail any condition that he or she considers reasonably necessary to protect—
o    (a)the victim of the alleged offence; and
o    (b)any particular person residing with the victim.
(2)In this section,—
domestic relationship has the same meaning as in section 4 of the Domestic Violence Act 1995
domestic violence offence means an offence against any enactment if the offence involves the use of violence against a person with whom the offender is, or has been, in a domestic relationship
violence has the same meaning as in section 3(2), (4), and (5) of the Domestic Violence Act 1995.
Section 22: replaced, on 4 September 2013, by section 13 of the Bail Amendment Act 2013 (2013 No 66).
23Bail and breach of protection order
·         (1)If a person is arrested under section 50 of the Domestic Violence Act 1995 and charged with an offence againstsection 49 of that Act, the person must not be released on bail by a Police employee under section 21 during the 24 hours immediately following the arrest.
(2)Nothing in subsection (1) limits or affects the obligation of the Police to bring a person who is charged with an offence before a court as soon as possible.
(3)If a person to whom subsection (1) applies is not brought before a court during the 24 hours immediately following the arrest, the person may, at the expiry of that period, be released on bail by a Police employee undersection 21.
(4)If a person to whom subsection (1) applies has also been charged with 1 or more other offences arising out of the same incident, the person must not be released on bail by a Police employee under section 21 in respect of any of those offences during the 24 hours immediately following the arrest for an offence against section 49 of the Domestic Violence Act 1995.
Compare: 1995 No 86 s 51
Section 23(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 23(3): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 23(4): amended, on 28 October 2009, by section 7 of the Bail Amendment Act 2009 (2009 No 45).

Section 23(4): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).

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