Bail Act and Immigration Act The Bail Act 2002 provides a right to bail unless it is not in the interests of justice that it be granted.174 There is also a rebuttable presumption in favour of the grant of bail.175 Courts must record in writing the reasons for refusing bail.176 Refusal may be appealed through the court hierarchy. Persons detained under the Suppression of Terrorism Decree must be taken before a magistrate within 36 hours from the time of detention.177 From that point on the ordinary provisions of the Bail Act 2002 now apply, which dovetail with the rights of arrested or detained persons under the Constitution.178 Section 17(2) of the Immigration Act 2003 gives the phrase “terrorist act” an extended definition so that for the particular act to come within the phrase it must be within the following. It: (a) must: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) involve serious bodily injury to a person; involve serious damage to property; endanger a person’s life; create a serious risk to the health or safety of the public or a section of the public; involve the use of arms or ammunition; or involve releasing into the environment or distributing or exposing the public to any (a) dangerous, hazardous, radioactive or harmful substance; (b) toxic chemical; or (c) microbial or other biological agent or toxin; or be designed or intended to disrupt any computer system or the provision of services directly related to communications infrastructure, banking or financial institution, transportation or other essential infrastructure; be designed or intended to disrupt the provision of essential emergency services such as police, civil defence or medical services; or involve prejudice to national security or public safety; (b) must be intended, or by its nature and context, reasonably be regarded as being intended: (i) to intimidate the public or a section of the public; or (ii) to compel a government or an international organization to do, or refrain from doing, any act; (c) must be made for the purpose of advancing a political, ideological, or religious cause. 174 Section 3(1) Bail Act 2002 Section 3(3) 176 Section 20(1) 177 48 hours under Section 27 of the Constitution. 178 Constitution, Section 27 175 89