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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Criminal Procedure Legislation Amendment
(Bail Agreements) Bill 1998.
( a ) to remove the presumption in favour of bail under section 9 of the Act
for certain serious violent and sexual offences (Schedule 1 [1] and [2]).
and
( b ) to clarify the provisions concerning the application of the presumption
in favour of bail for domestic violence offences and offences of
contravening apprehended domestic violence orders and to provide an
exception to the presumption in favour of bail for offences of
contravening apprehended domestic violence orders where an accused
person has failed to comply with certain bail conditions (Schedule 1
[3]- [5]),
and
( c ) to require a police officer to sign an acknowledgment that he or she has
given information respecting the entitlement to or eligibility for bail of
a person charged with an offence and who is in custody (Schedule 1
[ 7 ] ) , and
to include within the criteria that a court or police officer must take
(d)
into account under section 32 of the Act in determining whether to
grant bail for a serious offence to a person, whether. at the time the
offence is alleged to have been committed. the person had been
granted bail or released on parole in connection with any other serious
offence and to simplify certain other provisions of that section
(Schedule l [8]-[10]), and
to require a police officer or court to be satisfied that a bail condition is
(e)
appropriate having regard to any intellectual disability of an accused
person that may affect the person's capacity to understand or comply
with the bail condition before imposing the bail condition (Schedule 1
[11] and [12]). and
to enable NSW courts to make arrangements with courts in other States
(f)
or Territories so that agreements. acknowledgments and deposits of
security or amounts of money with respect to bail conditions imposed
by the NSW courts can be entered into or made with or to the courts of
the other States or Territories (Schedule 1 [ 13] and [ 14]), and
to enable a senior police officer to review a decision by another police
(g)
officer to refuse to grant bail (Schedule 1 [ 16]), and
to require notice of any alteration or variation of a bail condition to be
(h)
given to any person other than the accused who had entered into an
agreement or made an acknowledgment pursuant to the bail condition
(Schedule 1 [18]).
The Bill also makes various other amendments of a consequential or savings
or transitional nature to the Act (Schedule 1 [6], [ 15], [17] and [19]).
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the Bail
A c t 1978 set out in Schedule 1.
A detailed explanation of each of the amendments is set out in Schedule 1 to
the proposed Act.
Clause 3 provides that the matter appearing under the heading "Explanatory
note'' in Schedule 1 does not form part of the proposed Act.
Explanatory note page 2