Victorian Current Acts

BAIL ACT 1977 - SECT 4AA

    (1)     The step 1—exceptional circumstances test applies to a decision of whether to grant bail to a person accused of a Schedule 1 offence.

    (2)     The step 1—exceptional circumstances test also applies to a decision of whether to grant bail to a person accused of a Schedule 2 offence if—

        (a)     the person has a terrorism record; or

        (b)     the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence; or

        (c)     the offence is alleged to have been committed—

              (i)     while the accused was on bail for any Schedule 1 offence or Schedule 2 offence; or

              (ii)     while the accused was subject to a summons to answer to a charge for any Schedule 1 offence or Schedule 2 offence; or

              (iii)     while the accused was at large awaiting trial for any Schedule 1 offence or Schedule 2 offence; or

S. 4AA(2) (c)(iiia) inserted by No. 28/2023 s. 25.

        (iiia)     while the accused was on remand for a Schedule 1 offence or a Schedule 2 offence; or

S. 4AA(2) (c)(iiib) inserted by No. 28/2023 s. 25.

        (iiib)     while the accused was at large awaiting sentence for a Schedule 1 offence or a Schedule 2 offence; or

Note

See subsection (5).

              (iv)     during the period of a community correction order made in respect of the accused for any Schedule 1 offence or Schedule 2 offence; or

              (v)     while the accused was otherwise serving a sentence for any Schedule 1 offence or Schedule 2 offence; or

Note to s. 4AA(2)(c)(v) inserted by No. 28/2023 s. 26(1).

Note

See subsection (5).

              (vi)     while the accused was released under a parole order made in respect of any Schedule 1 offence or Schedule 2 offence; or

        (d)     the offence is an offence of conspiracy to commit, incitement to commit or attempting to commit an offence in a circumstance set out in paragraph (c).

    (3)     The step 1—show compelling reason test applies to a decision of whether to grant bail to a person accused of a Schedule 2 offence if subsection (2) does not apply.

    (4)     The step 1—show compelling reason test also applies to a decision of whether to grant bail to a person accused of an offence that is neither a Schedule 1 offence nor a Schedule 2 offence if—

        (a)     the person has a terrorism record; or

        (b)     the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence.

S. 4AA(5) inserted by No. 28/2023 s. 26(2).

    (5)     For the purposes of subsection (2)(c)(iiib) and (v)—

        (a)     an accused who is released on an undertaking under section 72 of the Sentencing Act 1991 following the court convicting the accused of an offence—

              (i)     is not at large awaiting sentence for that offence; and

              (ii)     is not serving a sentence for that offence; and

        (b)     an accused who is released on an undertaking under section 75 of the Sentencing Act 1991 following the court being satisfied that the accused is guilty of an offence—

              (i)     is not at large awaiting sentence for that offence; and

              (ii)     is not serving a sentence for that offence.

Note to s. 4AA substituted by No. 28/2023 s. 12.

Note

In circumstances where a step 1 test applies, section 4D provides that the unacceptable risk test will apply as a step 2 test. However, section 4D also provides that the unacceptable risk test applies even in circumstances where no step 1 test applies.

S. 4A (Heading) amended by No. 32/2018 s. 85(1).

S. 4A inserted by No. 3/2018 s. 7.