Victorian Current Acts

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BAIL ACT 1977 - SECT 5AAAA

Family violence risks

    (1)     A bail decision maker considering the release on bail of an accused must make inquiries of the prosecutor as to whether there is in force—

        (a)     a family violence intervention order made against the accused; or

        (b)     a family violence safety notice issued against the accused; or

        (c)     a recognised DVO made against the accused.

    (2)     A bail decision maker considering the release on bail of an accused charged with a family violence offence must consider—

        (a)     whether, if the accused were released on bail, there would be a risk that the accused would commit family violence; and

        (b)     whether that risk could be mitigated by—

              (i)     the imposition of a condition; or

              (ii)     the making of a family violence intervention order.

S. 5AAA inserted by No. 26/2017 s. 6.



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