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Frequently Asked Questions

What should I do if the Police oppose my bail?

If the Police oppose your bail you will be held in Police custody until the Police can have you attend Court at the earliest opportunity. This will be on the same day of your arrest if the arrest was made early enough in the day, or you might even have to wait until the next Court sitting day. Courts do not sit on a Sunday. When you are arrested you are free to talk to a lawyer over the telephone, either of your own choice or someone from the Police Detention Legal Assistance Roster. Generally, you will not get Police bail if the Police have executed a warrant because only a Judge can cancel the warrant. It is Police policy not to grant Police bail for domestic matters. This is on the presumption that victims immediately after an arrest is made require protection.

Prior to going to Court you may have managed to instruct your own lawyer to act for you. If you have not, you can see a Duty Solicitor who will assist with completion of a legal aid application. It is then the responsibility of your lawyer to apply for bail but if the matter is serious enough any application may have to be considered in the High Court.

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Email: President@criminalbar.org.nz
Criminal Bar Assocation.
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