Victorian Current Acts

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BAIL ACT 1977 - SECT 18AC

Application for variation of bail conditions

    (1)     A person who has been granted bail, whether or not the person is in custody, may apply for variation of the amount of bail or the conditions of bail.

    (2)     The informant or the Director of Public Prosecutions may apply for—

        (a)     variation of the amount of bail or the conditions of bail; or

        (b)     the imposition of conditions in respect of bail which has been granted unconditionally.

    (3)     An application under subsection (1) or (2) is to be made—

S. 18AC(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;

S. 18AC(3)(b) amended by No. 28/2023 ss 78, 99.

        (b)     in any other case, to the court to which the person is required to surrender under the bail undertaking.

    (4)     A person may apply for variation of the amount of bail or the conditions of bail if—

        (a)     the person has been granted bail by a bail justice or the Magistrates' Court; and

        (b)     within 24 hours after the grant of bail, the person is unable to meet the conditions of bail.

    (5)     An application under subsection (4) is to be made to the bail justice who granted the bail or to the Magistrates' Court.

S. 18AD inserted by No. 70/2010 s. 15, substituted by No. 3/2018 s. 21.



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