Australian Capital Territory Consolidated Acts

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BAIL ACT 1992 - SECT 34

Written notice of conditions of bail

    (1)     A court or authorised officer granting bail to an accused person shall give, or cause to be given, to the accused person a written notice setting out the obligations of the accused person about the conditions of his or her bail and the consequences of any failure by the person to comply with those conditions and shall be satisfied before releasing the accused person, or causing the accused person to be released, that the person will comply with the conditions.

Note     If a form is approved under s 58 for a notice under this section, the form must be used.

    (2)     A court or an authorised officer granting bail to an accused person with a surety or sureties for his or her appearance to answer the charges against the person shall give, or cause to be given, to the surety or each of the sureties, as the case may be, written notice of the obligations of the accused person about the conditions of his or her bail and the consequences of any failure by the person to comply with those conditions and shall be satisfied before releasing the accused person, or causing the accused person to be released, that the surety or each of the sureties, as the case may be, understands the nature and extent of the obligations of the accused person under the conditions of his or her bail and the consequences of any failure by the person to comply with them.

    (3)     If a bail condition is imposed or varied on a review under part 6 of a decision made in relation to bail, the court or authorised officer imposing or varying the condition shall—

        (a)     give, or cause to be given, to the accused person a written notice setting out the obligations of the accused person about the condition and the consequences of any failure by the person to comply with the condition and shall be satisfied that the accused person will comply with the condition; and

        (b)     give, or cause to be given, to each surety (if any) for the appearance of the accused person to answer the charges against the person a written notice of the obligations of the accused person about the condition and the consequences of any failure by the person to comply with it and shall be satisfied that each surety understands the nature and extent of the obligations of the accused person under the condition and the consequences of any failure by the person to comply with it.

    (4)     A court continuing bail on an adjournment or a postponement of proceedings shall forthwith give, or cause to be given, to the accused person a written notice that—

        (a)     states that bail is continued until the hearing is resumed or stated; and

        (b)     states the conditions on which bail is presently allowed; and

        (c)     states the place, date and time to which the proceedings are adjourned or postponed or states that the proceedings are adjourned or postponed to a place, date and time that are from time to time stated in a notice given or sent to the accused person as prescribed by regulation.



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