Australian Capital Territory Current Acts

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BAIL ACT 1992 - SECT 23

Criteria for granting bail to children

    (1)     In making a decision about the grant of bail to a child in relation to an offence, a court or authorised officer must consider—

        (a)     the matters mentioned in section 22 (1) (a) and (b), (2) and (3); and

        (b)     the principles in the Children and Young People Act 2008

, section 94 (Youth justice principles); and

        (c)     if the decision is being made by a court and a report has been given to the court under the Court Procedures Act 2004

, section 74D (Court may order report about young person) in relation to the child—the report.

    (2)     In addition, the court or authorised officer must consider, as a primary consideration, the best interests of the child.

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