Australian Capital Territory Consolidated Acts

BAIL ACT 1992 - SECT 15

    (1)     An authorised officer who is required to consider whether to grant bail to an accused person shall as soon as reasonably practicable—

        (a)     give—

              (i)     the accused person or a lawyer representing the accused person; and

              (ii)     any police officer involved in the investigation of the offence with which the accused person is charged;

an opportunity to make submissions to the authorised officer about the conditions to which any grant of bail to the accused person should be made subject; and

        (b)     having regard to those submissions, to the applicable bail criteria and to any other available information that the authorised officer considers relevant and reliable, decide whether the person should be granted bail.

    (2)     If the authorised officer is satisfied, having regard to the applicable bail criteria, that—

        (a)     it is appropriate to release the person on the person giving an undertaking to appear; and

        (b)     it is not necessary to impose a bail condition;

the authorised officer shall release the person on the person giving that undertaking.

    (3)     If the authorised officer is satisfied, having regard to the applicable bail criteria, that it is not appropriate to grant bail to the accused person without imposing a condition, the authorised officer shall, having regard to—

        (a)     the conditions that may be imposed in granting bail to a person; and

        (b)     the extent to which the imposition of 1 or more bail conditions would be appropriate having regard to the matters mentioned in whichever of section 9F (2), section 22 or section 23 applies to the making of a decision regarding the granting of bail to the accused person;

decide whether to grant bail to the accused person.