Victorian Current Acts

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BAIL ACT 1977 - SECT 16

Extension of bail

S. 16(1) amended by No. 26/2017 s. 14(12).

    (1)     Every undertaking may with the consent of any person or persons offering himself or themselves as surety or sureties contain a provision for its extension without any further consent of the surety or sureties upon such postponements or adjournments of the hearing as are from time to time directed, but nothing in this subsection shall prejudice in any way the right of any person offering himself as surety to elect to be bound with respect to an undertaking which may be extended only with his consent given at the time of the extension and no bail decision maker shall refuse to admit a person to bail on the ground only that a person offering himself as surety has so elected.

S. 16(2) amended by No. 70/2010 s. 13.

    (2)     Where a hearing is adjourned or postponed the time and place for the commencement of the sitting to which the hearing is adjourned or postponed shall be stated openly by the court, and the court—

        (a)     with the consent of the sureties; or

        (b)     where the undertaking of bail so provides—without the consent of the sureties—

may extend the bail of the person charged, and thereupon the person charged shall be bound to attend at that time and place without entering into a fresh undertaking and the sureties shall be bound accordingly, or the court may make such order as to bail and as to the remand of the person charged in custody until bail is forthcoming as the court thinks fit.

S. 16(3) amended by Nos 20/2004 s. 11, 68/2009 s. 97(Sch. items 11.1, 11.14).

    (3)     Where a person charged with an offence or apprehended under a warrant is remanded in custody or committed to safe custody during an adjournment or released on bail and a court is satisfied—

S. 16(3)(a) inserted by No. 20/2004 s. 11, amended by No. 68/2009 s. 97(Sch. items 11.1, 11.14(a)).

        (a)     if the accused is remanded in custody or committed to safe custody, the accused is by reason of illness, accident or other sufficient cause unable to attend personally; or

S. 16(3)(b) inserted by No. 20/2004 s. 11, amended by No. 68/2009 s. 97(Sch. item 11.1).

        (b)     if the accused is released on bail, the accused is not present for sufficient cause—

on the day on which he is required to attend the court may, in the absence of the accused, order him to be further remanded for such time or committed to safe custody for such time as the court thinks fit and may order any undertaking to be extended so as to require the attendance of the accused at every time and place to which the accused is remanded or the hearing is adjourned.

S. 16(4) amended by No. 51/1989
s. 142(j).

    (4)     An endorsement on an undertaking to the effect that it has been extended by a court pursuant to the provisions of this section and stating the time and place at which the person charged is bound to attend and purporting to be signed by the person constituting the court shall be proof until the contrary is shown that the bail was so extended.

S. 16A inserted by No. 20/2004 s. 12, amended by No. 68/2009 s. 97(Sch. items 11.1, 11.15).

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