Victorian Current Acts

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BAIL ACT 1977 - SECT 18A

Appeal by Director of Public Prosecutions against insufficiency of bail etc.

S. 18A(1) amended by Nos 9902
s. 2(1)(Sch. item 2), 10087 s. 3(1)(Sch. 1 item 5), 57/1989 s. 4(1)(d)(i), substituted by No. 70/2010 s. 17(2).

    (1)     If a person is granted bail, the Director of Public Prosecutions may appeal to the Supreme Court against the order granting bail if—

        (a)     the Director is satisfied that—

              (i)     the conditions of bail are insufficient; or

              (ii)     the decision to grant bail contravenes this Act; and

        (b)     the Director is satisfied that it is in the public interest to do so.

S. 18A(2) amended by Nos 10084
s. 18(2), 57/1989
s. 4(1)(d)(ii).

    (2)     Where the Director of Public Prosecutions desires to appeal to the Court under subsection (1) he shall cause notice of appeal setting forth the grounds thereof to be given to the person granted bail (hereafter in this section called the respondent ) and to each of the sureties (if any).

S. 18A(3) amended by No. 6/2018 s. 68(Sch. 2 item 13.8).

    (3)     A notice required to be given to a surety under subsection (2) may be given personally or by post or by causing the notice to be delivered at the place of residence of the respondent or surety (as the case requires) shown in the affidavit of justification for bail.

S. 18A(4) amended by No. 57/1989
s. 4(1)(d)(iii).

    (4)     Notice of appeal shall not be given under subsection (1) more than one month after the bail is granted without first obtaining the leave of the Supreme Court.

S. 18A(5) amended by Nos 10084
s. 18(2), 35/1996
s. 453(Sch. 1
item 8.3).

    (5)     The Director of Public Prosecutions or a legal practitioner on his behalf may appear on behalf of Her Majesty on any appeal under this section and any respondent or surety to whom notice is given under subsection (3) may appear by himself or by a legal practitioner on his behalf.

S. 18A(6) amended by No. 68/2009 s. 97(Sch. item 11.18), substituted by No. 70/2010 s. 17(3).

    (6)     On an appeal under this section, if the Supreme Court thinks that a different order should have been made, the Supreme Court must set aside the order that is the subject of the appeal and, without limiting the powers of the Supreme Court with respect to bail, conduct a fresh hearing in relation to the grant of bail to the respondent.

S. 18A(7) amended by No. 57/1989
s. 4(1)(d)(iv).

    (7)     If the respondent is not present in Court when an order granting bail is revoked or varied under this section the Court shall cause a warrant to be issued for apprehending the respondent and bringing him before the Court.

S. 18A(8) amended by Nos 57/1989
s. 4(1)(d)(v), 70/2010 s. 17(4).

    (8)     If the Court revokes an order granting the respondent bail the Court shall remand the respondent in custody to await his trial.

S. 18A(9) amended by Nos 68/2009 s. 97(Sch. item 11.19), 70/2010 s. 17(5).

    (9)     If the Court makes an order varying the amount or conditions of bail the Court shall require the respondent to find further or other surety or securities for the attendance of the respondent and may remand him in custody until further or other surety or security is provided.

    (10)     On the hearing and determination of an appeal under this section no costs shall be allowed on either side.

    (11)     A respondent if he so desires is entitled to be present on the hearing of an appeal under this section notwithstanding that he may be in custody but the Court may make any order under this section where the respondent is for any reason not present.

S. 18A(12) inserted by No. 70/2010 s. 17(6).

    (12)     The respondent or the Director of Public Prosecutions may appeal to the Court of Appeal from a decision of a single judge of the Supreme Court made under this section.

Note to s. 18A inserted by No. 70/2010 s. 17(6).


Sections 18AG and 24(4) also provide for certain appeals.

Pt 5 (Heading) inserted by No. 70/2010 s. 18.

Part 5—Miscellaneous

No. 8731 s. 35.

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