Australian Capital Territory Consolidated Acts

BAIL ACT 1992 - SECT 8

    (1)     This section applies to—

        (a)     a person charged with an offence not punishable by imprisonment (except in default of payment of a fine); and

        (b)     a person charged with an offence punishable by imprisonment for not longer than 6 months; and

        (c)     a person arrested for a breach of the peace or apprehended breach of the peace; and

        (d)     a person arrested under a warrant because of failure to comply with a summons or subpoena; and

        (e)     a person brought up to attend a trial or hearing following the issue of a habeas corpus order.

    (2)     The person is entitled—

        (a)     to be granted bail; and

        (b)     if the person is in custody—to be released from custody as soon as the person gives an undertaking to appear.

    (3)     However, if no further appearance is required for a person arrested for a breach of the peace or an apprehended breach of the peace, the person may be released from custody without giving an undertaking to appear.

    (4)     A condition to keep the peace may be imposed on a grant of bail to a person arrested for a breach of the peace or an apprehended breach of the peace.

Note     For other conditions that may be imposed on a grant of bail, see s 25 and s 26.