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 to provide for a presumption against bail for persons on lifetime parole in relation to offences carrying sentences of imprisonment.

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 the date of assent to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the Bail Act 1978 (the Principal Act) set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made by the proposed Act have commenced. Once the amendments have commenced the proposed Act will be spent and section 30 of the Interpretation Act 1987 provides that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] inserts proposed section 8E into the Principal Act. The proposed
section imposes a presumption against bail on any person who is accused of an
offence for which a penalty of imprisonment may be imposed and who is serving a
sentence of imprisonment for life and is on release on parole. The proposed section
applies to persons who have been released on parole after having had non-parole
periods determined by the Supreme Court under the Crimes (Sentencing Procedure)
Act 1999, which applies to life sentences imposed during a particular period.

Schedule 1 [2] amends section 9 of the Principal Act to make it clear that the
presumption in favour of bail does not apply to people to whom proposed section 8E
applies.

Schedule 1 [3] amends section 9D of the Principal Act to make it clear that the
presumption against bail under that section will still apply to people to whom
proposed section 8E applies who are accused of serious personal violence offences.

Schedule 1 [4] amends section 32 of the Principal Act to make it clear that the criteria
for determining bail apply to people to whom proposed section 8E applies and also
that the person or court determining bail may consider other relevant matters.

Schedule 1 [5] amends section 38 of the Principal Act to require the reasons for
granting bail to people to whom proposed section 8E applies to be recorded
immediately.

Schedule 1 [6] inserts Part 17 into Schedule 1 to the Principal Act to apply the
changes made by the proposed Act to a person who is charged with an offence before
the proposed Act commences and to a review of any bail decision made before that
commencement.

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.

 

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