BAIL ACT 1992 - SECT 9C Bail for murder and certain serious drug offences

BAIL ACT 1992 - SECT 9C

    (1)     This section applies to a person accused of—

        (a)     murder; or

        (b)     an offence against any of the following provisions of the Criminal Code

, chapter 6 (Serious drug offences):

              (i)     section 603 (1) (which is about trafficking in a large commercial quantity of a controlled drug);

              (ii)     section 607 (1) (which is about manufacturing a large commercial quantity of a controlled drug for selling);

              (iii)     section 616 (1) (which is about cultivating a large commercial quantity of a controlled plant for selling);

              (iv)     section 619 (1) (which is about selling a large commercial quantity of a controlled plant);

              (v)     section 622 (1) (which is about supplying etc a commercial quantity of a controlled drug to a child for selling);

              (vi)     section 624 (1) (which is about procuring a child to traffic in a commercial quantity of a controlled drug).

Note     A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act

, s 189).

    (2)     A court or authorised officer must not grant bail to the person unless satisfied that special or exceptional circumstances exist favouring the grant of bail.

    (3)     However, even if special or exceptional circumstances are established, the court or officer must refuse bail if satisfied that refusal is justified after considering—

        (a)     for an adult—the matters mentioned in section 22 (Criteria for granting bail to adults); or

        (b)     for a child—the matters mentioned in section 23 (Criteria for granting bail to children).