Victorian Current Acts

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BAIL ACT 1977 - SECT 18

Further application for bail where bail refused or revoked

    (1)     An accused who has been refused bail and is in custody pending the hearing or trial of a charge may make a further application for bail.

    (2)     A person whose bail has been revoked under section 18AE or 24(3) may make a further application for bail.

    (3)     Subject to section 144(2)(c) of the Criminal Procedure Act 2009 , an application under subsection (1) or (2) is to be made—

S. 18(3)(a) amended by No. 26/2017 s. 14(15).

        (a)     in the case of a person charged with treason or murder, to the Supreme Court;

        (b)     in any other case, to the court to which the person is remanded to appear.

S. 18(4) inserted by No. 44/2013 s. 5.

    (4)     Without limiting subsection (3), if it is reasonably practicable to do so, an application under this section is to be heard by a court constituted by the same judge or magistrate who heard the previous application for bail.

S. 18AA inserted by No. 70/2010 s. 15.

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