Australian Capital Territory Consolidated Acts

BAIL ACT 1992 - SECT 8A

    (1)     This section applies to a person arrested, or otherwise brought before the court or a magistrate, in relation to a breach, or anticipated breach, of—

        (a)     a deferred sentence obligation under the Crimes (Sentencing) Act 2005 ; or

        (b)     any of the following obligations under the Crimes (Sentence Administration) Act 2005 :

              (i)     a periodic detention obligation;

              (ii)     a good behaviour obligation;

              (iii)     a parole obligation;

              (iv)     a release on licence obligation.

    (2)     The person has the same entitlement to bail in relation to the breach, or anticipated breach, of the obligation as the person has under this part in relation to the offence to which the obligation relates.

Examples

1     Martin has been found guilty of armed robbery and sentenced to periodic detention. He has breached his periodic detention obligations and is arrested and brought before a magistrate under the Crimes (Sentence Administration) Act 2005 , section 65 (Arrest warrant—breach of periodic detention obligations). There is no presumption in relation to bail because the offence of armed robbery is an offence to which division 2.2 (Presumption for bail) does not apply.

2     Joe has been found guilty of threatening to kill. Joe had, 3 years before, been found guilty of an offence involving violence. A suspended sentence order under the Crimes (Sentencing) Act 2005 is made as part of the sentence for the offence of threatening to kill and Joe is released under the order on signing an undertaking under a good behaviour order. However, Joe breaches the good behaviour order and is before the court on an application to cancel the order. There is no presumption in relation to bail because section 9B (b) applies to make the offence of threatening to kill an offence to which division 2.2 (Presumption for bail) does not apply.

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).