BAIL ACT 1992 - SECT 25 Conditions on which bail may be granted to adults
BAIL ACT 1992 - SECT 25
Conditions on which bail may be granted to adults(1) The following conditions may be imposed on a grant of bail to an adult:
(a) conditions about the person's conduct while released on bail;
(b) a condition that the person, an acceptable person or each of a number of acceptable people—
(i) pays to the Territory a stated amount if the person fails to appear in court in accordance with his or her undertaking; or
(ii) gives acceptable security for the payment to the Territory of a stated amount if the person fails to appear in court in accordance with his or her undertaking;
Note For acceptable people and acceptable security, see s 32.
(c) a condition that the person, an acceptable person or each of a number of acceptable people—
(i) deposits a stated amount with a court or authorised officer; and
(ii) forfeits the amount if the person fails to appear in court in accordance with his or her undertaking.
(2) With the consent of a person who makes a deposit or gives security under subsection (1) (b) (ii) or (c), it may be a condition of bail that the deposit or security continues to apply if bail is continued.
(3) It must not be a condition of bail that a person gives consent under subsection (2).
(4) Without limiting subsection (1) (a), the requirements that an accused person may be required to observe relating to his or her conduct while released on bail include—
(a) a requirement that the accused person report periodically, or at specified times, at a stated place; and
(b) a requirement that the accused person reside at a stated place; and
(c) a requirement that the person undergo psychiatric treatment or other medical treatment; and
(d) a requirement that the accused person participate in a program of personal development, training or rehabilitation; and
(e) a requirement that the person—
(i) accept supervision by the director-general; and
(ii) comply with any reasonable direction of the director-general; and
Examples of directions
1 a direction to attend a program
2 a direction to comply with a mental health assessment or treatment order made by the ACAT
3 a direction to attend drug or alcohol counselling
(f) for a person (the accused person ) charged with a family violence offence—
(i) a requirement that the accused person not contact, harass, threaten or intimidate, or cause someone else to contact, harass, threaten or intimidate, a stated person or engage in any other behaviour mentioned in the Family Violence Act 2016
, section 8 (1), definition of "family violence", paragraph (a), in relation to the stated person; or
(ii) a requirement that the accused person not be on premises where a stated person lives or works; or
(iii) a requirement that the accused person not be on or near premises where a stated person is likely to be; or
(iv) a requirement that the accused person not be in a stated place; or
(v) a requirement that the accused person not be within a stated distance of a stated person; or
(vi) if the accused person lives with someone—a requirement that the accused person not enter or remain at the home if the accused person is under the influence of alcohol or another drug.
(5) A court or an authorised officer must, in considering conditions for the release on bail of an accused person who is an adult, consider the conditions for the release of that person in the sequence in which they appear in subsection (1).
(6) A court or an authorised officer, in granting bail to an accused person who is an adult—
(a) must not impose a condition mentioned in subsection (1) unless the court or authorised officer is of the opinion that the imposition of the condition is necessary to secure 1 or more of the following purposes:
(i) the attendance of the person before a court from time to time as required in relation to the offence in relation to which bail is being granted;
(ii) the protection from harm of the accused person or any other person;
(iii) the prevention of the accused person from committing an offence while at liberty on bail;
(iv) the prevention of the accused person from interfering with evidence, intimidating witnesses or otherwise obstructing the course of justice whether in relation to himself or herself or anyone else; and
(b) must not, except at the request of the accused person, impose a condition, or a combination of conditions, that impose obligations that are more onerous than necessary to secure the purposes referred to in paragraph (a) for which the condition or combination of conditions is imposed.
(7) A court or an authorised officer, in granting bail to an accused person on a condition referred to in subsection (1) (b) or (c) must not require the accused person to give an acceptable security for a stated sum, or to deposit a stated sum with the court or authorised officer, if the court or authorised officer has reasonable grounds for believing that the accused person does not have the means to provide such a security or make the deposit, as the case may be.
(8) If a court or an authorised officer grants bail to an accused person on a condition mentioned in subsection (1) and the accused person satisfies the court or authorised officer that the person is unable to comply with that condition, the court or authorised officer must—
(a) refuse bail; or
(b) grant the accused person bail subject to such other condition mentioned in subsection (1) as the authorised officer or the court believes the accused person will be able to comply with and will secure the purposes mentioned in subsection (6) (a).
(9) In this section:
"director-general "means—
(a) if section 25A applies in relation to the accused person—the responsible director-general decided under that section; or
(b) in any other case—the director-general responsible for this Act.
"premises" includes—
(a) any land; and
(b) any structure, building, vehicle, vessel or place (whether built on or not); and
(c) any part of such a structure, building, vehicle, vessel or place.