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BAIL ACT 1977 - SECT 5AAA

Conduct conditions

    (1)     A bail decision maker considering the release of an accused on bail must impose any condition that, in the opinion of the bail decision maker, will reduce the likelihood that the accused may—

S. 5AAA(1)(a) substituted by No. 3/2018 s. 10.

        (a)     endanger the safety or welfare of any person; or

S. 5AAA(1)(b) substituted by No. 3/2018 s. 10.

        (b)     commit an offence while on bail; or

S. 5AAA(1)(c) substituted by No. 3/2018 s. 10.

        (c)     interfere with a witness or otherwise obstruct the course of justice in any matter; or

S. 5AAA(1)(d) substituted by No. 3/2018 s. 10.

        (d)     fail to surrender into custody in accordance with the conditions of bail.

Example

A bail decision maker may impose a condition in order to reduce the likelihood that the accused may commit a family violence offence.

    (2)     If a bail decision maker imposes one or more conditions, each condition and the number of conditions—

        (a)     must be no more onerous than is required to reduce the likelihood that the accused may do a thing mentioned in subsection (1)(a) to (d); and

        (b)     must be reasonable, having regard to the nature of the alleged offence and the circumstances of the accused; and

S. 5AAA(2)(c) amended by No. 26/2017 s. 16(3).

        (c)     subject to subsection (3), must be consistent with each condition of each family violence intervention order, family violence safety notice or recognised DVO to which the accused is subject.

S. 5AAA(3) amended by No. 26/2017 s. 16(4).

    (3)     A bail decision maker may impose a condition that is inconsistent with a condition of a family violence intervention order, family violence safety notice or recognised DVO if the bail decision maker is satisfied that the proposed condition will better protect the safety or welfare of—

        (a)     an alleged victim of the offence with which the accused is charged; or

        (b)     a protected person (within the meaning of the Family Violence Protection Act 2008 ).

Note to s. 5AAA(3) substituted by No. 26/2017 s. 16(5).

Note

Sections 175AA, 175AB and 175AC of the Family Violence Protection Act 2008 provide that if it is not possible to comply with both a bail condition and a family violence safety notice, a family violence intervention order or a recognised DVO, the safety notice, intervention order or recognised DVO prevails to the extent of the inconsistency.

    (4)     Without limiting section 4(5) or 5(2), a bail decision maker may impose all or any of the following conditions about the conduct of an accused—

        (a)     reporting to a police station;

        (b)     residing at a particular address;

        (c)     subject to subsection (5), a curfew imposing times at which the accused must be at their place of residence;

        (d)     that the accused is not to contact specified persons or classes of person;

Example

Witnesses, alleged victims or co-accused.

        (e)     surrender of the accused's passport;

        (f)     geographical exclusion zones, being places or areas the accused must not visit or may only visit at specified times;

Example

Not attending a gaming venue, a venue that sells alcohol or a point of international departure.

        (g)     attendance and participation in a bail support service;

        (h)     that the accused not drive a motor vehicle or carry passengers when driving a motor vehicle;

              (i)     that the accused not consume alcohol or use a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 without lawful authorisation under that Act;

        (j)     that the accused comply with any existing intervention orders;

        (k)     any other condition that the bail decision maker considers appropriate to impose in relation to the conduct of the accused.

    (5)     If a bail decision maker imposes a curfew on an accused as a conduct condition, the period of curfew imposed must not exceed 12 hours within a 24-hour period.

    (6)     A condition imposed by a bail decision maker continues to be binding on the accused until it is varied or revoked or the matter in relation to which it was imposed is finally determined by a court.

S. 5AAB inserted by No. 26/2017 s. 6.



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