New South Wales Consolidated Acts

BAIL ACT 2013

- As at 11 October 2024 
- Act 26 of 2013 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Purpose of Act
   4.      Definitions
   5.      Proceedings for an offence
   6.      Conclusion of proceedings

   PART 2 - GENERAL PROVISIONS

   7.      What is bail
   8.      Bail decisions that can be made
   9.      Decision to release without bail
   10.     Decision to dispense with bail
   11.     Decision to grant or refuse bail
   12.     Duration of bail
   13.     Requirement to appear
   14.     Limitation on entitlement to be at liberty

   PART 3 - MAKING AND VARIATION OF BAIL DECISIONS

           Division 1 - Preliminary

   15.     Bail decision to be made in accordance with this Part
   16.     Flow charts--key features of bail decisions

           Division 1A - Show cause requirement

   16A.    Accused person to show cause for certain serious offences
   16B.    Offences to which the show cause requirement applies

           Division 2 - Unacceptable risk test--all offences

   17.     Assessment of bail concerns
   18.     Matters to be considered as part of assessment
   19.     Refusal of bail--unacceptable risk
   20.     Accused person to be released if no unacceptable risks
   20A.    Imposition of bail conditions

           Division 2A - Special rules for certain offences

   21.     Special rule for offences for which there is a right to release
   22.     General limitation on court's power to release
   22A.    Limitation on power to release in relation to terrorism related offences
   22B.    Limitation regarding bail during period following conviction and before sentencing for certain offences
   22C.    Temporary limitation on bail for certain young persons in relation to certain serious offences

           Division 3 - Bail conditions

   23.     When bail conditions can be imposed
   24.     (Repealed)
   25.     Bail conditions can impose conduct requirements
   26.     Bail conditions can require security to be provided
   27.     Bail conditions can require character acknowledgments
   28.     Bail condition can impose accommodation requirements
   28A.    Bail condition can impose accompaniment requirements
   28B.    Bail condition must impose electronic monitoring for certain offences
   29.     Limitation on power to impose pre-release requirements
   30.     Bail conditions may include enforcement conditions
   30A.    Bail conditions requiring electronic monitoring

           Division 4 - Procedural requirements

   31.     Rules of evidence do not apply
   32.     Matters to be decided on balance of probabilities

   PART 4 - PROCEDURES AFTER DECISION IS MADE OR VARIED

           Division 1 - Functions of bail authorities
           Note

   33.     Bail acknowledgment to be given on grant of bail
   34.     Notice of refusal of bail to be given
   35.     Notice of variation of bail conditions to be given
   36.     Information to be provided about bail security agreements
   37.     Information to be provided about character acknowledgments
   38.     Reasons for decision to be recorded
   39.     Power to issue warrant of commitment

           Division 2 - General

   40.     Stay of release decision if detention sought
   41.     Limitation on length of adjournments if bail refused
   42.     Notice required if accused person granted bail remains in custody

   PART 5 - POWERS TO MAKE AND VARY BAIL DECISIONS
   Note

           Division 1 - Powers of police officers

   43.     Police power to make bail decision
   43A.    Police power to make bail decision--witnesses
   44.     Bail decision to be made after person is charged
   45.     Procedures after bail decision is made
   46.     Duties if bail refused or accused person not released
   47.     Review of police decision by senior police officer

           Division 2 - Powers of courts and authorised justices--bail applications

   48.     Powers of courts and authorised justices to hear bail applications
   49.     Accused person may make release application
   50.     Prosecutor may make detention application
   51.     Interested person may make variation application
   52.     Powers of authorised justices to vary court decisions

           Division 3 - Additional powers of courts and authorised justices

   53.     Discretion to make or vary bail decision without bail application
   54.     Discretion to refuse bail if no application is made
   55.     Variation of bail decision if accused person remains in custody
   56.     Discretion to defer decision if accused person is intoxicated

           Division 4 - Restrictions on powers of courts and authorised justices
           Note

   57.     Bail conditions not to be varied contrary to court direction
   58.     Authorised justice must not vary or impose enforcement conditions

   PART 6 - POWERS TO HEAR BAIL APPLICATIONS

           Division 1 - Interpretation

   59.     Meaning of pending proceedings
   60.     Part applies to bail applications only

           Division 2 - General powers

   61.     Power to hear bail application if proceedings are pending in court
   62.     Power to hear bail application if sentence or conviction appealed
   63.     Power to hear variation application for own decision

           Division 3 - Additional powers

   64.     Powers specific to Local Court and authorised justices
   65.     Powers specific to District Court
   66.     Powers specific to Supreme Court
   67.     Powers specific to Court of Criminal Appeal

           Division 4 - Restrictions on powers

   68.     Limited powers when proceedings pending in another court
   69.     Limited powers when decision made by Supreme Court or Court of Criminal Appeal
   70.     Authorised justice cannot revoke or grant bail contrary to decision of court

   PART 7 - GENERAL PROVISIONS ABOUT BAIL APPLICATIONS

   71.     Bail applications to be dealt with expeditiously
   72.     Application by accused person must be heard on first appearance
   73.     Discretionary grounds to refuse to hear bail application
   74.     Multiple release or detention applications to same court not permitted
   75.     Fresh application to be dealt with as new hearing
   76.     Regulations relating to bail applications

   PART 8 - ENFORCEMENT OF BAIL REQUIREMENTS
   Note

   77.     Police officers may take actions to enforce bail requirements
   77A.    Courts may take action to enforce bail requirement to appear
   78.     Powers of bail authorities
   79.     Offence of failing to appear
   80.     Proceedings for fail to appear offence
   81.     Giving of directions under enforcement conditions

   PART 9 - GENERAL PROVISIONS ABOUT SECURITY REQUIREMENTS

   82.     Deposit of bail money or bail security
   83.     Bail guarantor may apply to be discharged of liability
   84.     Bail guarantor must not dispose of bail security
   85.     Revocation of bail if bail security no longer intact
   86.     Offence of indemnifying bail guarantor
   87.     Bail guarantor does not have right to arrest
   88.     Return of bail money and security

   PART 10 - MISCELLANEOUS

   89.     Restrictions on publication of association conditions
   90.     Bail for contempt not affected
   91.     Powers in relation to writs of habeas corpus not affected
   92.     Time from which accused person is in custody of court
   93.     Facilitation of proof of bail acknowledgments and decisions
   94.     Facilitation of proof of failure to appear
   95.     Exercise of functions of bail authority by appropriate officers
   96.     Court attendance notices and warrants
   97.     Proceedings for offences
   98.     Regulations
   99.     Court rules
   100.    (Repealed)
   101.    Review of Act
   102.    Review of certain provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3