Victorian Current Acts

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BAIL ACT 1977 - SECT 3B

Determination in relation to a child

S. 3B(1) amended by No. 26/2017 s. 14(2).

    (1)     In making a determination under this Act in relation to a child, a bail decision maker must take into account (in addition to any other requirements of this Act)—

        (a)     the need to consider all other options before remanding the child in custody; and

        (b)     the need to strengthen and preserve the relationship between the child and the child's family, guardians or carers; and

        (c)     the desirability of allowing the living arrangements of the child to continue without interruption or disturbance; and

        (d)     the desirability of allowing the education, training or employment of the child to continue without interruption or disturbance; and

        (e)     the need to minimise the stigma to the child resulting from being remanded in custody; and

        (f)     the likely sentence should the child be found guilty of the offence charged; and

        (g)     the need to ensure that the conditions of bail are no more onerous than are necessary and do not constitute unfair management of the child.

S. 3B(2) amended by No. 26/2017 s. 14(2).

    (2)     In making a determination under this Act in relation to a child, a bail decision maker may take into account any recommendation or information contained in a report provided by a bail support service.

    (3)     Bail must not be refused to a child on the sole ground that the child does not have any, or any adequate, accommodation.

S. 3C inserted by No. 43/2017 s. 37, amended by No. 3/2018 s. 23(2).



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