Australian Capital Territory Numbered Acts

BAIL ACT 1992 (NO 8 OF 1992)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Bail Act 1992.  

   PART II--AVAILABILITY OF BAIL AVAILABILITY OF BAIL

   6.      Where—  
   9.      Notwithstanding anything contained in any other section of this Act, where—  

   PART III--DISPENSING WITH BAIL DISPENSING WITH BAIL

   12.     For the purposes of Part VI, where a court dispenses with the requirement for bail, the court shall be deemed to have made a decision in relation to bail.  

   PART IV--GRANT OF BAIL DETERMINATION OF BAIL AFTER CHARGE LAID

   17.     An accused person who—  
   20.     A magistrate may not grant bail to a person under section 19 where the person has appeared before the Supreme Court—  
   21.     Where an accused person has been charged with 2 or more offences for which bail may be granted and is being held in custody in relation to those offences—  
   23.     In making a determination regarding the grant of bail to an accused person who is a child, a court or an authorised officer shall have regard to the following matters, so far as they are ascertainable, and only to the following matters:  

   PART V--CONDITIONS OF BAIL, UNDERTAKING TO APPEAR AND BAIL UNDERTAKINGS

   24.     A court or an authorised officer may grant bail without imposing conditions or subject to bail conditions imposed—  
   29.     A bail undertaking may be given in respect of more than 1 offence.  

   PART VI--REVIEW OF BAIL DECISIONS

   40.     An authorised officer may not, pursuant to this Division—  
   41.     An accused person or the informant may apply under this Division for review of any decision by a court or an authorised officer in relation to bail.  
   42.     Subject to section 44, a magistrate may review any decision made by an authorised officer or a magistrate (including himself or herself) in relation to bail.  
   44.     A court may not, pursuant to this Division, review a decision in circumstances where, had the decision not been made, the court would be prohibited from making a decision in relation to the grant of bail.  

   PART VII--MISCELLANEOUS FURNISHING OF INFORMATION RELATING TO BAIL

   50.     A person who makes an acknowledgment under paragraph 25 (1) (b) knowing it to be untrue in a material particular is guilty of an offence punishable, on conviction, by imprisonment for a period not exceeding 2 years or a fine not exceeding $20,000, or both.  
   54.     Where an accused person who has been apprehended under section 53 is brought before the Magistrates Court pursuant to subsection (2) of that section, the Magistrates Court has the same power to remand the accused person in custody, admit the accused person to bail or dispense with the requirement for bail as it has in relation to other accused persons in custody.  
   55.     Where a court or an authorised officer, in making a decision in relation to bail (not being a decision in proceedings for an offence committed in connection with bail), is to be, or may be, satisfied as to any matter, it is sufficient if the court or authorised officer is satisfied on the balance of probabilities.  
   56.     A surety who gives an undertaking required by a bail condition referred to in paragraph 25 (1) (c), (d) or (e) does not, by virtue of his or her having given that undertaking, have the right to arrest the accused person.  
   58.     The Executive may make regulations, not inconsistent with this Act, prescribing matters—