Australian Capital Territory Consolidated Acts

BAIL ACT 1992 - SECT 16

    (1)     If an authorised officer decides—

        (a)     to refuse to grant bail to an accused person; or

        (b)     to grant bail to an accused person subject to 1 or more bail conditions;

the authorised officer shall inform the accused person—

        (c)     of his or her decision; and

        (d)     the right of the accused person to request a review of the decision under section 38; and

        (e)     if bail is refused—that the person is entitled to communicate with a lawyer; and

        (f)     if the person would be granted bail subject to 1 or more bail conditions and that bail condition, or those bail conditions, are such that the person is unable or unwilling to comply, or to arrange for compliance, with them—that the person is entitled to communicate with a lawyer.

    (2)     An authorised officer shall, on being requested to do so by an accused person in relation to whom the authorised officer has made a decision of the kind referred to in subsection (1) (a) or (b), provide the person with reasonable facilities to communicate with a lawyer.

    (3)     An authorised officer who refuses to grant bail to an accused person may refrain from complying with subsection (1) (e) or (f) and subsection (2) if the authorised officer believes on reasonable grounds that it is necessary to do so to prevent—

        (a)     the escape of an accomplice of the accused person; or

        (b)     the loss, destruction or falsification of evidence relating to the offence.

    (4)     If an authorised officer refrains from complying with subsection (1) (e) or (f) and subsection (2) for a reason mentioned in subsection (3), the authorised officer shall record, or cause to be recorded, his or her reasons for not complying.

    (5)     If an authorised officer decides to grant bail to an accused person in relation to a domestic violence offence, the officer must take reasonable steps to tell each protected person, as soon as practicable, about the decision and, if the accused person is granted bail subject to a bail condition, about the condition.

    (6)     If an authorised officer decides not to grant bail to an accused person in relation to a domestic violence offence, the officer must tell each protected person about the decision.

    (7)     In this section:

"protected person", in relation to a domestic violence offence, means—

        (a)     if the conduct making up the offence was directed at a child—a person with parental responsibility for the child; or

        (b)     if the conduct making up the offence was directed at someone else—the person at whom the conduct was directed.