BAIL ACT 1992

BAIL ACT 1992

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   3A.     Offences against Act—application of Criminal Code etc  
   4.      Act applies to children  

   PART 2--AVAILABILITY OF BAIL

           Division 2.1--When bail may be granted and rights following

   5.      When may bail be granted?  
   6.      Rights following grant of bail  

           Division 2.2--Presumption for bail

   7.      Div 2.2 subject to div 2.3 and div 2.4  
   8.      Entitlement to bail—certain minor offences etc  
   8A.     Entitlement to bail—breach of sentence obligations  
   8B.     Entitlement to bail—custody relating to sentence administration board  
   9.      Limitations on entitlement to bail  
   9A.     Entitlement to bail—offences other than minor offences  

           Division 2.3--No presumption for bail

   9B.     Div 2.2 not to apply to certain offences  

           Division 2.4--Presumption against bail

   9C.     Bail for murder and certain serious drug offences  
   9D.     Bail for serious offence committed while charge for another pending or  
   9E.     Bail for person sentenced to imprisonment  
   9F.     Family violence offence—bail by authorised officer  
   9G.     Special or exceptional circumstances  

   PART 3--DISPENSING WITH BAIL

   10.     Dispensing with bail  
   11.     Effect of dispensing with bail  
   12.     Decision to dispense with bail  

   PART 4--GRANT OF BAIL

   12A.    Meaning of bail order and bail review application—pt  
   12B.    When is a proceeding before the Supreme Court?—pt  
   13.     Deciding bail after charge laid  
   14.     Grant of bail by authorised officers  
   15.     Deciding of questions of bail by authorised officers  
   16.     Notification of decision of authorised officer  
   17.     Charged people in custody to be brought before court  
   18.     Facilities to be provided to accused people  
   19.     Court bail—general  
   20.     Power in relation to bail—Magistrates Court  
   20A.    Repeat application for bail—Magistrates Court  
   20B.    Power in relation to bail—Supreme Court  
   20C.    Repeat application for bail—Supreme Court  
   21.     Bail in relation to several offences  
   22.     Criteria for granting bail to adults  
   23.     Criteria for granting bail to children  
   23A.    Victim's concern about need for protection  

   PART 5--BAIL CONDITIONS AND UNDERTAKINGS TO APPEAR

   24.     Conditions of bail  
   25.     Conditions on which bail may be granted to adults  
   25A.    Supervision condition when offence committed as young person  
   26.     Conditions on which bail may be granted to children  
   27.     Recording of certain bail decisions  
   28.     Undertakings to appear  
   30.     Accused person may be excused from attendance before court  
   31.     Bail requirements  
   32.     Acceptable people and security for bail  
   33.     Continuation of bail and undertakings  
   34.     Written notice of conditions of bail  
   36.     Discharge of surety  
   37.     Payment of amounts to Territory  

   PART 6--REVIEW OF BAIL DECISIONS

           Division 6.1--Review of decisions by authorised officers

   38.     Review by authorised officers  
   39.     Exercise of power to review  
   40.     Limitation on power of authorised officer to review  

           Division 6.2--Review of decisions by courts

   41.     Right of review of bail decisions  
   41A.    Court may review on its own initiative  
   42.     Power of Magistrates Court to review—decision of authorised  
   42A.    Power of Magistrates Court to review—decision of Magistrates  
   43.     Power of Supreme Court to review—decision of authorised  
   43A.    Power of Supreme Court to review—decision of Magistrates Court or Supreme  
   44.     Right of review of bail decisions—prosecution  
   45.     Exercise of power to review  
   46.     Review limited to bail conditions  

   PART 7--MISCELLANEOUS

   47.     Giving information relating to bail  
   47A.    Notice to victim of bail decisions  
   48.     Notification to court that bail condition not satisfied  
   49.     Failure to answer bail  
   51.     Indemnification of sureties  
   52.     Contravention of Act by police officers  
   55.     Civil standard of proof to apply for certain purposes  
   56.     No right of surety to arrest  
   56A.    Arrest for failure to comply with bail condition  
   56AA.   Police power to enter premises to arrest  
   56AB.   Police officer must announce entry before entering  
   56AC.   Police powers on arrest for failure to comply with bail condition  
   56AD.   Arrested person to be brought before court  
   56B.    Arrest for breach of condition by person outside ACT  
   57.     Act to prevail  
   57AA.   Abolition of inherent power of bail  
   58.     Approved forms  
   59.     Regulation-making power  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES