Bail Amendment Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Bail Act 1978:

(a) to prevent a person who is accused of murder from being granted bail
except in exceptional circumstances, and

(b) to prevent a person who is accused of a serious personal violence offence
and who has previously been convicted of a serious personal violence
offence from being granted bail except in exceptional circumstances, and

(c) to provide for a temporary stay of a decision by a magistrate or justice to
grant bail to a person accused of a serious offence pending a review of that
decision by the Supreme Court, and

(d) to provide for a review of the amendments made by the Bill, and for other
consequential and transitional matters.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

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 that gives effect to the amendments to the Bail
Act 1978 set out in Schedule 1.

Schedule 1 Amendments
Grant of bail for murder offences or repeat offenders
The amendments relating to the grant of bail will prevent a person who is
charged with murder, or who is charged with a serious personal violence offence
and is a repeat offender, from being granted bail unless the authorised officer or
court is satisfied that exceptional circumstances justify the grant of bail (see
Schedule 1 [2]).

A person is a repeat offender for the purposes of the provisions if the person has
previously been convicted of (or found guilty of) a serious personal violence
offence other than the offence in connection with which bail is being sought. A
serious personal violence offence includes an offence such as murder, sexual
assault, kidnapping or armed robbery. It also includes several other serious
offences under the Crimes Act 1900 involving violence, related attempt
offences, and any similar offences under the laws of the Commonwealth,
another State or a Territory or of another country.

Schedule 1 [1] is a consequential amendment that ensures that there is no
presumption of bail in cases to which the amendments apply. There is already no
presumption of bail in murder cases.

Schedule 1 [4] and [5] provide for consequential and transitional matters.

Review of bail decisions
The provisions set out in Schedule 1 [3] provide for a temporary stay of a
decision by a magistrate or justice to grant bail to a person accused of a serious
offence, pending a review of that decision by the Supreme Court. A serious
offence, for the purposes of the amendments, is the offence of murder or any
other offence punishable by imprisonment for life, or an offence under certain
provisions of the Crimes Act 1900 involving sexual intercourse with, or an
attempt to have sexual intercourse with, a person under the age of 16 years.

Under the amendments, 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 on
that charge), and a police officer or legal practitioner appearing on behalf of the
Crown 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. The stay
has effect only if the police officer or legal practitioner requesting the review
provides the court with a copy of the written approval of the Commissioner of
Police (or a person authorised by the Commissioner of Police) or the Director of
Public Prosecutions to seek a review by the Supreme Court of any decision to
grant bail in the case. The stay 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

(b) a police officer or some other person acting on behalf of the Crown files
with the Supreme Court 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.

Schedule 1 [5] includes a transitional amendment.

Review of amendments
Schedule 1 [5] also contains a transitional provision that requires the Minister to
review the effect of the amendments made by the Bill at the end of the period of
12 months after the commencement of the amendments.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

---

[Index] [Search] [Download] [Bill] [Help]