BAIL ACT 1992 - SECT 9D Bail for serious offence committed while charge for another pending or

BAIL ACT 1992 - SECT 9D

    (1)     This section applies if—

        (a)     a person is accused of a serious offence; and

        (b)     the person is alleged to have committed the offence while a charge against the person for another serious offence is pending or outstanding.

Example

Claude is served with a summons to attend the Magistrates Court to answer a charge that he has committed the offence of taking a motor vehicle without consent (punishable by 5 years imprisonment under the Criminal Code

, section 318 (1), and so a serious offence for this section). Before the court date, Claude is arrested and charged with having committed an aggravated robbery the day after being served with the summons (punishable by 25 years imprisonment under the Criminal Code

, section 310, and so also a serious offence for this section). At the time of the alleged aggravated robbery, the charge of taking a motor vehicle without consent was still pending. This section will apply to any decision about the grant of bail to Claude in relation to the aggravated robbery charge.

    (2)     A court or an authorised officer must not grant bail to the accused 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).

    (4)     Also, if the serious offence mentioned in subsection (1) (a) or (b) is a family violence offence, an authorised person must not grant bail to the accused person if satisfied that refusal of bail is required under section 9F (Family violence offence—bail by authorised officer).

    (5)     This section does not affect the application of section 9F (4) and (5) to the accused person if—

        (a)     the serious offence mentioned in subsection (1) (a) or (b) is a family violence offence; and

        (b)     an authorised person grants bail to the accused person.

    (6)     In this section:

"outstanding"—a charge against a person for an offence is "outstanding"—

        (a)     until the charge is finally dealt with in any of the following ways:

              (i)     the charge is withdrawn;

              (ii)     the charge is dismissed by a court;

              (iii)     the person is discharged by the Magistrates Court following a committal hearing;

              (iv)     the person is acquitted or found guilty by a court of the offence; and

        (b)     if the person is acquitted or found guilty by a court of the offence charged, but a new trial on the charge (or a charge based on the same facts) is later ordered on appeal—from the date the new trial is ordered until the earliest of the following happens—

              (i)     the charge (or a charge based on the same facts) is finally dealt with as mentioned in paragraph (a) (i), (ii) or (iv);

              (ii)     the order for the new trial is reversed on a further appeal.

Note     Found guilty , of an offence, includes—

              •     having an order made for the offence under the Crimes (Sentencing) Act 2005

, s 17 (Non-conviction orders—general)

              •     having the offence taken into account under the Crimes (Sentencing) Act 2005

, s 57 (Outstanding additional offences taken into account in sentencing)

(see Legislation Act

, dict, pt 1).

"pending"—a charge against a person for a serious offence is pending if the person has not yet been charged with the offence, but the person has—

        (a)     been arrested for the offence (unless the person is later released without being charged with a serious offence); or

        (b)     been served with a summons to appear before a court to answer a charge for the offence; or

        (c)     at the invitation of a police officer, signed an agreement to attend court to answer a charge for the offence.

"serious offence" means an offence punishable by imprisonment for 5 years or longer (other than an offence in relation to which an election for summary disposal has been made under the Crimes Act 1900

, section 374 (Summary disposal of certain cases at prosecutor's election).