Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies to a person accused of a domestic violence offence.
(2) An authorised officer must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.
(3) However, even if the authorised officer is satisfied under subsection (2), the officer must refuse bail if satisfied that the 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, the person must not be released on bail under this section unless the person gives an undertaking to appear within 48 hours of being released.
(5) If the authorised officer grants bail to the person under this section, the officer must, in the record made under section 27 (Recording of certain bail decisions), state why the officer is satisfied that the person poses no danger to any protected person.
(6) In this section:
"protected person", in relation to a person accused of a domestic violence offence—
(a) means a person against whom the alleged conduct making up the offence was directed; and
(b) includes any other relevant person in relation to the accused person.
"relevant person"—see the Domestic Violence and Protection Orders Act 2008 , dictionary.
Note The Domestic Violence and Protection Orders Act 2008 , s 15 (1) defines a relevant person in relation to a person (the original person ) as any of the following people:
• a domestic partner or former domestic partner of the original person ( domestic partner is defined in the Legislation Act, s 169 (1))
• a relative of the original person ( relative is defined in the Domestic Violence and Protection Orders Act 2008 , s 15A)
• a child of a domestic partner or former domestic partner of the original person
• a parent of a child of the original person
• someone who is or has been in a relevant relationship with the original person ( relevant relationship is defined in the Domestic Violence and Protection Orders Act 2008 , s 15).