Commonwealth Numbered Regulations

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Requirements for bail undertaking

             (1)  For paragraph 58DE(1)(a) of the Act, a bail undertaking:

                     (a)  must be in accordance with Form CP(I)10; and

                     (b)  must be signed by the accused before:

                              (i)  the Judge who granted the bail; or

                             (ii)  a Registrar.

             (2)  The person before whom the accused signs the bail undertaking must take reasonable steps to ensure that the accused is aware of:

                     (a)  the obligations of the accused under the bail undertaking; and

                     (b)  if the bail order has been granted subject to conditions--the consequences that may follow if the accused does not comply with the conditions.

             (3)  For the purposes of subrule (2), a person takes reasonable steps in relation to a bail undertaking if the person:

                     (a)  reads the bail undertaking to the accused, and asks the accused if he or she understands the undertaking; or

                     (b)  arranges for the bail undertaking to be read to the accused in a language the accused understands, and arranges for the accused to be asked if he or she understands the effect of the undertaking; or

                     (c)  asks the accused if he or she has read the bail undertaking and, if so, if he or she understands the undertaking.

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