Victorian Numbered Acts

BAIL AMENDMENT (STAGE TWO) ACT 2018 (NO. 3 OF 2018) - SECT 18

Before section 13 of the Bail Act 1977 insert —

        " 12B     Persons subject to a summons to answer to a charge

    (1)     This section applies if—

        (a)     a person subject to a summons to answer to a charge for an offence is before a court (other than the Children's Court) on a hearing in the criminal proceeding relating to the charge; and

        (b)     the hearing of the criminal proceeding is to be adjourned.

    (2)     The court may, on an application made by the prosecutor or on its own initiative—

        (a)     remand the accused in custody to appear before the court on the resumption of the hearing; or

        (b)     in accordance with this Act, grant the accused bail.

    (3)     Nothing in this section—

        (a)     affects the operation of section 331 of the Criminal Procedure Act 2009 ; or

        (b)     prevents the court allowing the accused to go at large, including on refusing an application made by the prosecutor under subsection (2).".