Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 5.04

Requirements for bail undertaking

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

                     (a)  must be in accordance with Form CP33; and

                     (b)  must be signed by the accused before:

                              (i)  the Judge who granted the bail; or

                             (ii)  a Registrar; or

                            (iii)  if the accused has been committed to a prison by the Court--a person appointed or employed to assist in the management of the prison.

             (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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