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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Bail Amendment (Repeat Offenders)
Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Bail Act 1978 No 161 2
Schedule 1 Amendment of Bail Act 1978 3
b03-400-p01.43
New South Wales
Bail Amendment (Repeat Offenders)
Bill 2003
No , 2003
A Bill for
An Act to amend the Bail Act 1978 to provide for a presumption against bail for
repeat offenders.
Clause 1 Bail Amendment (Repeat Offenders) Bill 2003
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Bail Amendment (Repeat Offenders) Act 2003.
4
2 Commencement
5
This Act commences on the date of assent.
6
3 Amendment of Bail Act 1978 No 161
7
The Bail Act 1978 is amended as set out in Schedule 1.
Page 2
Bail Amendment (Repeat Offenders) Bill 2003
Amendment of Bail Act 1978 Schedule 1
Schedule 1 Amendment of Bail Act 1978 1
2
(Section 3)
3
[1] Part 2, Division 2A, heading
4
Insert "and for repeat offenders" after "certain drug offences".
5
[2] Section 8B
6
Insert after section 8A:
7
8B Presumption against bail for repeat offenders
8
(1) This section applies in respect of the grant of bail to a person
9
accused of an offence if, at the time the offence is alleged to
10
have been committed, the person, in connection with any
11
other offence:
12
(a) was at liberty on bail, or
13
(b) was on parole, or
14
(c) was serving a sentence but was not in custody, or
15
(d) was subject to a good behaviour bond or an intervention
16
program order, or
17
(e) was in custody.
18
(2) This section also applies in respect of:
19
(a) the grant of bail to a person who has been previously
20
convicted of an offence against section 51, and
21
(b) the grant of bail to a person accused of an indictable
22
offence who has been previously convicted of one or
23
more indictable offences (whether dealt with on
24
indictment or summarily).
25
(3) A person referred to in subsection (1) or (2) is not to be
26
granted bail unless the person satisfies the authorised officer
27
or court that bail should not be refused.
28
(4) The requirement for bail cannot be dispensed with for a
29
person referred to in subsection (1) or (2) and section 10 (2)
30
does not apply with respect to any such person.
Page 3
Bail Amendment (Repeat Offenders) Bill 2003
Schedule 1 Amendment of Bail Act 1978
1
(5) This section, as inserted by the Bail Amendment (Repeat
2
Offenders) Act 2003, extends to an offence alleged to have
3
been committed before the commencement of this section if a
4
person is charged with the offence on or after that
5
commencement.
6
(6) In this section:
7
intervention program order has the same meaning as in the
8
Crimes (Sentencing Procedure) Act 1999.
9
[3] Section 9 Presumption in favour of bail for certain offences
10
Omit "or 9B" from section 9 (1) (g).
11
[4] Section 9 (3)
12
Omit "and section 9B (1) (e)".
13
[5] Section 9 (5)
14
Insert after section 9 (4):
15
(5) A person is not entitled under this section to be granted bail in
16
respect of an offence to which this section applies if the
17
person is a person referred to in section 8B (1) or (2).
18
[6] Section 9B Additional exceptions to presumption in favour of bail
19
Omit the section.
20
[7] Section 32 Criteria to be considered in bail applications
21
Omit "section 9B (3)" from section 32 (1) (b) (vi).
22
Insert instead "section 8B (2) (b)".
23
[8] Sections 32 (6) and 38 (1A)
24
Insert "or a person referred to in section 8B (1) or (2)" after "section 8A
25
applies" wherever occurring.
Page 4
Bail Amendment (Repeat Offenders) Bill 2003
Amendment of Bail Act 1978 Schedule 1
[9] Section 32 (7) 1
2
Insert after section 32 (6):
3
(7) This section, as amended by the Bail Amendment (Repeat
4
Offenders) Act 2003, extends to an offence alleged to have
5
been committed before the commencement of the
6
amendments if a person is charged with the offence on or after
7
that commencement.
8
[10] Schedule 1 Savings and transitional provisions
9
Insert ", other than that inserting, or those relating to, section 9B as
10
inserted by the 2002 amending Act," after "the 2002 amending Act" in
11
clause 17 (1).
12
[11] Schedule 1, Part 9, clause 18
13
Omit the clause.
Page 5
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