New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 21

21 Special rule for offences for which there is a right to release

(1) The following decisions are the only bail decisions that can be made for an offence for which there is a right to release--

(a) a decision to release the person without bail,

(b) a decision to dispense with bail,

(c) a decision to grant bail to the person (with or without the imposition of bail conditions).

(2) There is a right to release for the following offences--

(a) a fine-only offence,

(b) an offence under the Summary Offences Act 1988 , other than an excluded offence,

(c) an offence that is being dealt with by conference under Part 5 of the Young Offenders Act 1997 .

(3) Each of the following offences under the Summary Offences Act 1988 is an
"excluded offence" --

(a) an offence under section 5 (obscene exposure) if the person has previously been convicted of an offence under that section,

(b) an offence under section 11A (violent disorder) if the person has previously been convicted of an offence under that section or of a personal violence offence,

(c) an offence under section 11B, 11C or 11E (offences relating to knives and offensive implements) if the person has previously been convicted of an offence under any of those sections or of a personal violence offence,

(d) an offence under section 11FA (custody or use of laser pointer in public place),

(e) an offence under section 11G (loitering by convicted child sexual offenders near premises frequented by children).

(4) An offence is not an offence for which there is a right to release if the accused person has previously failed to comply with a bail acknowledgment, or a bail condition, of a bail decision for the offence.

(5) Subject to subsection (1), Division 2 (Unacceptable risk test--all offences) applies to a bail decision for an offence for which there is a right to release.