New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 308

308 Authorised officers may make bail decisions in respect of witnesses who fail to attend trial

(1) An authorised officer may make a bail decision in respect of a person who is bound by a bail acknowledgment under the Bail Act 2013 , or is served with a subpoena, to attend as a witness in any court at a trial if the person--

(a) fails to appear when called in open court, either at such trial, or on the day appointed for such trial, and

(b) is arrested under a warrant issued by the court.

(2) The Bail Act 2013 applies to the person (not being an accused person) as if--

(a) the person were accused of an offence, and

(b) the proceedings in which the person is required to be examined or produce a document or thing were proceedings for that offence.

(3) For the purpose of applying the Bail Act 2013 , an authorised officer has the same functions as an authorised justice under that Act.

Note--: See section 43A of the Bail Act 2013 for a provision relating to bail decisions made by police officers.