BAIL AMENDMENT BILL 2003
This is a Bill, not an Act. For current law, see the Acts databases.
BAIL AMENDMENT BILL 2003
New South Wales
Bail Amendment Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Bail Act 1978 No 161 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Bail Amendment Bill 2003
Act No , 2003
An Act to amend the Bail Act 1978 to make further provision with respect to the
grant of bail and review of bail decisions.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Bail Amendment Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Bail Amendment Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Bail Act 1978 No 161
The Bail Act 1978 is amended as set out in Schedule 1.
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Bail Amendment Bill 2003
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 9 Presumption in favour of bail for certain offences--
exceptions
Omit "section 9A or 9B" from section 9 (1) (g).
Insert instead "section 9A, 9B or 9D".
[2] Part 2, Division 3A
Insert after Division 3:
Division 3A Cases in which bail is to be granted in
exceptional circumstances only
9C Murder
An authorised officer or court is not to grant bail to a person
in respect of an offence of murder unless the authorised
officer or court is satisfied that exceptional circumstances
justify the grant of bail.
9D Repeat offenders--serious personal violence offences
(1) An authorised officer or court is not to grant bail to a person
in respect of a serious personal violence offence if the person
is a repeat offender unless the authorised officer or court is
satisfied that exceptional circumstances justify the grant of
bail.
(2) For the purposes of this section, a person is a repeat offender
if the authorised officer or court is satisfied that the person has
a previous conviction for a serious personal violence offence
(other than the serious personal violence offence in
connection with which bail is sought).
(3) Section 9 does not apply in respect of a grant of bail to a
person in respect of a serious personal violence offence if this
section applies to the person.
(4) In this section:
serious personal violence offence means:
(a) an offence under, or mentioned in, section 19A, 24, 26,
27, 28, 29, 30, 33, 33A, 35 (2), 37, 38, 39, 46, 47, 48,
61B, 61C, 61D, 61I, 61J, 61JA, 61K, 61M, 63, 65, 66A,
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Bail Amendment Bill 2003
Schedule 1 Amendments
66B, 66C, 66EA, 66F, 67, 68, 71, 73, 78H, 78I, 78K,
78N, 80A, 85A, 86, 87, 90A, 91, 95, 96, 97, 98, 103,
110, 195 (b), 196 (b) or 198 of the Crimes Act 1900, or
(b) an offence under section 79, 106, 107, 109, 111, 112 or
113 of the Crimes Act 1900 if the circumstances of the
offence involve an act of actual or threatened violence
against a person, or
(c) an offence of attempting to commit an offence referred
to in paragraph (a) or (b), or
(d) an offence under the law of the Commonwealth,
another State or a Territory or of another country that is
similar to an offence referred to in paragraph (a), (b)
or (c).
[3] Section 25A
Insert after section 25:
25A Stay of decision to grant bail if review sought
(1) If a magistrate or justice grants bail to a person accused of a
serious offence on the accused person's first appearance
before a court in or in connection with proceedings for the
offence, and a police officer or legal practitioner appearing on
behalf of the Crown immediately informs the court that a
request for a review of the decision is to be made to the
Supreme Court, the decision of the magistrate or justice is
stayed.
(2) The decision of the magistrate or justice is not stayed unless
the police officer or legal practitioner, on informing the
magistrate or justice of the review request, provides the
magistrate or justice with a copy of the written approval of an
authorised officer or the Director of Public Prosecutions to
seek a review by the Supreme Court of any decision to grant
bail in the case.
(3) The stay of the decision has effect until:
(a) the Supreme Court affirms or varies the decision, or
substitutes another decision for the decision of the
magistrate or justice, or refuses to entertain the request
for review, or
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Bail Amendment Bill 2003
Amendments Schedule 1
(b) a police officer or some other person acting on behalf of
the Crown files with the Supreme Court, or such other
court as may be prescribed by the regulations, notice
that the Crown does not intend to proceed with the
review, or
(c) 4 pm on the day that is 3 business days after the day on
which the decision was made,
whichever happens first.
(4) The person granted bail is not entitled to be released under
section 7 while a stay of the decision has effect under this
section.
(5) A request for the review by the Supreme Court of a decision
that is stayed under this section is to be dealt with as
expeditiously as possible.
(6) In this section:
authorised officer means the Commissioner of Police or a
member of NSW Police authorised by the Commissioner of
Police to exercise the functions of an authorised officer under
this section.
business day means a day that is not a Saturday, a Sunday or
a public holiday throughout New South Wales.
serious offence means:
(a) the offence of murder or any other offence punishable
by imprisonment for life, or
(b) an offence under or mentioned in a provision of Part 3
of the Crimes Act 1900 involving sexual intercourse, or
an attempt to have sexual intercourse, with a person
under the age of 16 years.
[4] Section 32 Criteria to be considered in bail applications
Insert after section 32 (6):
(7) This section applies to a grant of bail to which section 9C or
9D applies, but does not prevent consideration of any matter
accepted by the authorised officer or court as relevant to the
question of whether bail should be granted under that section.
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Bail Amendment Bill 2003
Schedule 1 Amendments
[5] Schedule 1 Savings and transitional provisions
Insert after Part 11:
Part 12 Bail Amendment Act 2003
23 Definition
In this Part:
amending Act means the Bail Amendment Act 2003.
24 Cases in which bail is to be granted in exceptional
circumstances only
(1) Section 9C, as inserted by the amending Act, extends to a
grant of bail in respect of an offence of murder alleged to have
been committed before the commencement of that section if a
person is charged with the offence on or after that
commencement.
(2) Section 9D, as inserted by the amending Act, extends to a
grant of bail in respect of a serious personal violence offence
alleged to have been committed before the commencement of
that section if a person is charged with the offence on or after
that commencement.
(3) A reference in section 9D to a conviction for a serious
personal violence offence extends to a conviction occurring
before the commencement of that section.
25 Stay of decision to grant bail pending review
(1) Section 25A, as inserted by the amending Act, extends to a
serious offence alleged to have been committed before the
commencement of that section if a person is charged with the
offence on or after that commencement.
(2) A reference in section 25A to an offence under or mentioned
in a provision of Part 3 of the Crimes Act 1900 extends to an
offence under or mentioned in a repealed provision of Part 3
of the Crimes Act 1900 that was committed before the
provision was repealed.
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Bail Amendment Bill 2003
Amendments Schedule 1
26 Review of amending Act
(1) The Minister is to review the operation of the amendments
made to this Act by the amending Act to determine the effect
of those amendments.
(2) The review required by this clause is to be undertaken as soon
as possible after the period of 12 months from the
commencement of the amendments.
(3) A report on the outcome of the review required by this clause
is to be tabled in each House of Parliament within 12 months
after the end of the period of 12 months from the
commencement of the amendments.
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