New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 22C

22C Temporary limitation on bail for certain young persons in relation to certain serious offences

(1) A bail authority must not grant bail to a relevant young person for a relevant offence alleged to have been committed while the young person is on bail for another relevant offence unless the bail authority has a high degree of confidence the young person will not commit a serious indictable offence while on bail subject to any proposed bail conditions.

(2) A decision under subsection (1) may be made only after--

(a) an assessment of bail concerns is made under Division 2, and

(b) consideration of whether any bail conditions could reasonably be imposed to address any bail concerns or risk the relevant young person will commit a further serious indictable offence.

(3) To avoid doubt, the requirement under this section to establish that bail should be refused for the relevant young person remains with the prosecution.

(4) This section applies despite anything to the contrary in this Act.

(5) This section expires 12 months after this section commences.

(6) In this section--

"motor theft offence" means an offence under the following sections of the Crimes Act 1900 --

(a) section 154A,

(b) section 154C,

(c) section 154F.

"relevant offence" means--

(a) a motor theft offence, or

(b) a serious breaking and entering offence, or

(c) an offence under the Crimes Act 1900 , section 154K, if the underlying offence is a motor theft offence or serious breaking and entering offence.

"relevant young person" , for a relevant offence, means an individual who is, at the time the relevant offence is alleged to have been committed--

(a) 14 years of age or more, and

(b) less than 18 years of age.

"serious breaking and entering offence" means an offence under the Crimes Act 1900 , Part 4, Division 4 that is punishable by imprisonment for a term of 14 years or more.

"serious indictable offence" has the same meaning as in the Crimes Act 1900 , section 4(1).