Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The following conditions may be imposed on the grant of bail to a child—
(a) the conditions mentioned in section 25 (1) (other than a requirement mentioned in section 25 (4) (e)); and
(b) any other conditions that the court or authorised officer considers appropriate—
(i) having regard to the principles in the Children and Young People Act 2008 , section 94; and
(ii) considering, as a primary consideration, the best interests of the child.
(2) Without limiting section 25 (1), the requirements that a child may be required to comply with about his or her conduct while released on bail include a requirement that the child—
(a) accept supervision by the chief executive under the Children and Young People Act 2008 ; and
(b) comply with any reasonable direction of the chief executive.
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.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) A court or an authorised officer shall, in considering the release on bail of an accused person who is a child, consider the conditions for the release of the person that are mentioned in section 25 (1) in the sequence in which they are mentioned in that subsection.
(4) A court or an authorised officer, in granting bail to an accused person who is a child—
(a) may not impose a condition referred to in section 25 (1) unless the court or the authorised officer is of the opinion that the imposition of the condition is—
(i) necessary to secure 1 or more of the purposes mentioned in section 25 (6) (a) (i), (ii), (iii) and (iv) (the relevant purposes ); or
(ii) in accordance with the principles under the Children and Young People Act 2008 , section 94 (Youth justice principles); and
(b) may not, except at the request of the accused person, impose a condition, or a combination of conditions, that puts a greater obligation on the accused than is—
(i) necessary to secure the relevant purposes; or
(ii) in accordance with the relevant principles.
(5) Section 25 (7) applies in relation to a grant of bail under this section.
(6) If a court or an authorised officer grants bail to an accused person who is a child on a condition referred to in section 25 (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 shall—
(a) refuse bail; or
(b) grant the accused person bail subject to the other conditions referred to in subsection (1) that the court or authorised officer believes the accused person will be able to comply with and will secure the purposes mentioned in subsection (4) (a) (i) and (ii).