Australian Capital Territory Numbered Acts

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BAIL ACT 1992 - SECT 1

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

Commencement

2. (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette .

(2) The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette .

(3) If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette , that provision, by force of this subsection, commences on the first day after the end of that period.

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“appeal” includes an application for leave to appeal and a proceeding by way of an appeal;
“authorised officer” means the Commissioner of Police, a Deputy Commissioner of Police of the Australian Federal Police or a police officer specified by one of those officers, in writing, as an authorised officer for the purposes of this Act;
“bail” means authorisation granted to a person under this Act to be at liberty;
“bail condition” means a condition on which bail is granted;
“bail undertaking” means an undertaking given to satisfy the requirements of a bail condition;
“child” means a person who has not attained the age of 18 years;
“clerk”, in relation to a court, includes the Registrar and Deputy Registrar (if any) of the court;
“court” means the Supreme Court or the Magistrates Court;
“Crimes Act” means the Crimes Act, 1900 of the State of New South Wales in its application in the Territory;
“domestic violence offence” means an offence that is—

        (a)     a domestic violence offence within the meaning of the Domestic Violence Act 1986 ; or

        (b)     an offence against section 27 of that Act;

“judge” means a judge of the Supreme Court;
“offence” includes an alleged offence;
“remand centre” has the same meaning as in the Remand Centres Act 1976 ;
“undertaking to appear” means an undertaking given pursuant to subsection 28 (1).

(2) A reference in this Act to an accused person, or a person accused of an offence, includes a reference to—

        (a)     a person charged with, convicted of, or found guilty of an offence;

        (b)     a person whose conviction for an offence is stayed;

        (c)     a person discharged under section 556A of the Crimes Act on giving security in accordance with subsection (1) of that section;

        (d)     a person in respect of whom an appeal relating to an offence is pending; and

        (e)     a person in respect of whom a new trial has been ordered to be held for an offence.

(3) A reference in this Act to entering into a bail condition includes a reference to—

        (a)     in the case of a condition referred to in paragraph 25 (1) (a) or (c)—to entering into the undertaking or agreement;

        (b)     in the case of a condition referred to in paragraph 25 (1) (b)—to making and signing the acknowledgment;

        (c)     in the case of a condition referred to in paragraph 25 (1) (d)—to entering into the agreement and giving the security; or

        (d)     in the case of a condition referred to in paragraph 25 (1) (e)—to entering into the agreement and depositing the amount of money;

in accordance with the condition.

(4) A reference in this Act (other than in section 22 or 23) to the granting of bail includes a reference to the continuation of bail.

(5) A reference in this Act to a surety shall be read as a reference to a person, other than the accused person, who has entered into a bail condition referred to in paragraph 25 (1) (c), (d) or (e) in relation to a grant of bail.

Application

4. (1) This Act applies to a person whether or not he or she has attained the age of 18 years.

(2) This Act applies in relation to a person who has been committed to prison pursuant to an order for commitment made by the Magistrates Court under Division 5 of Part IX of the Magistrates Court Act 1930 and who has appealed against that order as if a reference in this Part to an accused person or a person accused of an offence were a reference to a person who has been so committed and has so appealed.

Availability of bail

5. (1) Subject to subsection (2) and section 9, an accused person may be granted bail in respect of any period during which he or she is not required to attend court in relation to the offence with which he or she has been charged.

(2) A person who has been accused of an offence and is being held in custody in relation to the offence is not entitled to be granted bail in respect of any period during which—

        (a)     he or she is in custody for some other offence or reason in respect of which he or she is not entitled to be granted bail; or

        (b)     he or she is in custody serving a sentence of imprisonment.

Rights following grant of bail


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