Australian Capital Territory Consolidated Acts

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BAIL ACT 1992 - SECT 27

Recording of certain bail decisions

    (1)     If—

        (a)     a judge or magistrate hears an application by an accused person for bail, or release from custody without bail; or

        (b)     an authorised officer is required to consider whether to grant bail to an accused person, or to release an accused person from custody without bail;

he or she shall record, or cause to be recorded, his or her reasons for the decision.

    (2)     If a judge, a magistrate or an authorised officer decides to grant bail to an accused person subject to a condition mentioned in section 25 (1) otherwise than in accordance with a request of an accused person that bail be granted on that condition, or on conditions that include that condition, the judge, magistrate or authorised officer shall record, or cause to be recorded, his or her reasons for deciding—

        (a)     that the imposition of a condition mentioned in that subsection was necessary to secure the purposes of whichever of section 25 (6) (a) and section 26 (4) (a) applies to the accused person; and

        (b)     if the condition is a condition referred to in section 25 (1) (other than a condition mentioned in section 25 (1) (a))—that the imposition of a condition under the earlier paragraph or paragraphs of that subsection would be unlikely to secure the purposes of whichever of section 25 (6) (a) and section 26 (4) (a) applies to the accused person.



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