Victorian Current Acts

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BAIL ACT 1977 - SECT 5AAB

Sureties

    (1)     If a bail decision maker is considering, in accordance with section 5(2)(c), imposing a condition that requires a deposit of money of a specified amount, the bail decision maker must have regard to the means of the accused in determining—

        (a)     whether to impose the condition; and

        (b)     the amount of money to be deposited.

    (2)     If a bail decision maker is satisfied under subsection (1) that the accused does not have sufficient means to satisfy a condition requiring a deposit of money of a specified amount, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).

    (3)     If a bail decision maker is considering imposing a condition that requires a surety for a specified amount, the bail decision maker must have regard to the means of a proposed surety in determining—

        (a)     whether to impose the condition; and

        (b)     the amount of the surety.

    (4)     If a bail decision maker is satisfied under subsection (3) that the accused is unable to provide a surety with sufficient means, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).

S. 5AA inserted by No. 1/2016 s. 11.



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