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BAIL ACT 2013
- As at 1 July 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 (Repealed)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
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
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