New South Wales Consolidated Acts

BAIL ACT 1978

- As at 3 November 2009
- Act 161 of 1978

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   4.      Definitions
   5.      Application of Act

   PART 2 - GENERAL PROVISIONS RESPECTING BAIL

           Division 1 - Bail generally

   6.      Grant of bail for certain periods
   7.      Rights following grant of bail

           Division 2 - Right to release for certain offences

   8.      Right to release on bail for minor offences

           Division 2A - Presumption against bail for certain offences

   8A.     Presumption against bail for certain offences
   8B.     Presumption against bail for serious firearms and weapons offences
   8C.     Presumption against bail for certain repeat property offenders
   8D.     Presumption against bail for offences committed in the course of riots or other civil disturbances
   8E.     Presumption against bail for persons on lifetime parole who commit offences carrying prison terms
   8F.     Presumption against bail for breach of extended supervision orders or interim supervision orders

           Division 3 - Presumption in favour of bail for certain offences

   9.      Presumption in favour of bail for certain offences
   9A.     Exception from presumption in favour of bail-certain domestic violence offences and offences of contravening apprehended domestic violence orders
   9B.     Additional exceptions to presumption in favour of bail

           Division 3A - Cases in which bail is to be granted in exceptional circumstances only

   9C.     Murder
   9D.     Repeat offenders-serious personal violence offences

           Division 4 - Dispensing with bail

   10.     Dispensing with bail
   11.     Effect of dispensing with bail
   12.     Decision to dispense with bail

           Division 5 - Miscellaneous provisions

   13.     Eligibility for bail despite no entitlement
   14.     Power to refuse bail
   15.     Grant of bail when not in custody
   16.     Extension of meaning of “adjournment” in section 6
   16A.    Requirement to appear before a court

   PART 3 - POLICE BAIL

   17.     Authority for police to grant bail
   18.     Determination as to bail to be made after charge laid
   19.     Procedure following determination as to bail
   20.     Procedure where no release on bail
   21.     Facilities to be provided

   PART 4 - COURT BAIL

           Division 1 - Bail applications

   22.     General provisions as to court bail
   22A.    Power to refuse to hear bail application

           Division 2 - Magistrates and authorised justices

   23.     Power of magistrates and certain authorised justices to grant bail
   24.     Limitations on power of magistrates to grant bail
   25.     Limitation on length of adjournments by magistrates and registrars where bail refused
   25A.    Stay of decision to grant bail if review sought

           Division 3 - District Court

   26.     Power of District Court to grant bail
   27.     Limitations on power of District Court

           Division 4 - Supreme Court

   28.     Power of Supreme Court to grant bail
   29.     Summary proceedings in Supreme Court

           Division 5 - Court of Criminal Appeal

   30.     Power of Court of Criminal Appeal to grant bail
   30AA.   Limitation on power to grant bail

           Division 6 - Land and Environment Court

   30A.    Power of Land and Environment Court to grant bail
   30AB.   Power of Land and Environment Court to grant bail on appeals

           Division 7 - Industrial Relations Commission

   30B.    Power of Industrial Relations Commission to grant bail

   PART 5 - PROVISIONS APPLYING TO BOTH POLICE AND COURT BAIL

           Division 1 - Criteria to be considered in bail applications

   31.     Application of Division
   32.     Criteria to be considered in bail applications
   33.     (Repealed)

           Division 2 - Bail undertakings

   34.     General undertaking to appear
   35.     Giving of bail undertakings

           Division 3 - Bail conditions

   36.     Conditions of bail
   36A.    Additional bail conditions for persons benefiting from assessment, treatment or rehabilitation or intervention program
   36B.    Additional bail conditions as to non-association and place restriction
   36C.    Certain information not to be published or broadcast
   37.     Restrictions on imposing bail conditions
   37A.    Conditions concerning surrender of passports
   38.     Reasons to be recorded
   39.     Entry into agreement and acceptance of acknowledgment or security
   39A.    Entry into arrangements with courts in other States and Territories
   39B.    Explanation of bail agreement to persons affected
   40.     Provisions respecting money or security
   41.     Substitution of cash for security
   42.     Discharge of liability of other persons
   42A.    Fraudulent disposal of assets
   42B.    Revocation of bail if bail security no longer intact

           Division 4 - Continuation of bail

   43.     Continuation of bail

   PART 6 - REVIEW OF BAIL DECISIONS

           Division 1 - Power of senior police officers to review

   43A.    Power of senior police officer to review

           Division 2 - Powers of authorised justices, magistrates and courts to review

   44.     Power of authorised justices, magistrates and certain courts to review
   45.     Review of bail decisions
   46.     (Repealed)
   47.     General limitation on power to review
   48.     Provisions respecting review of bail decisions
   48A.    Special limited review-bail conditions
   48B.    Special limited review-bail conditions reviewable by authorised justice
   49.     Applications for bail not limited by this Division

   PART 7 - NON-COMPLIANCE WITH UNDERTAKINGS AND CONDITIONS

   50.     Arrest for absconding or breaching condition
   51.     Offence of failing to appear
   52.     (Repealed)

   PART 7A - ENFORCEMENT OF BAIL AGREEMENTS

           Division 1 - Preliminary

   53.     Definitions

           Division 2 - Forfeiture orders

   53A.    Court may make forfeiture order if accused fails to appear
   53AA.   Forfeiture after conviction for offence of failing to appear
   53B.    Persons affected to be notified that forfeiture order has been made
   53C.    Formal objection to confirmation of forfeiture order
   53D.    Hearing of formal objection to confirmation of forfeiture order
   53DA.   Hearing of formal objections to deemed forfeiture orders
   53E.    Informal objection to forfeiture order
   53F.    When forfeiture order takes effect
   53G.    Effect of forfeiture order
   53H.    Persons affected to be notified that forfeiture order has taken effect
   53I.    Reference of forfeiture order for enforcement
   53J.    Payment of forfeited bail money

           Division 3 - Late applications to set aside forfeiture orders

   53K.    Application to set aside forfeiture order
   53L.    Hearing of application to set aside forfeiture order

           Division 4 - Miscellaneous

   53M.    Effect of setting aside forfeiture order
   53N.    Appeals
   53O.    Court of Criminal Appeal may authorise other courts to take action
   53P.    Crown etc party to forfeiture proceedings

   PART 8 - MISCELLANEOUS

   54.     Notices
   54A.    Special notice where accused person remains in custody after bail granted
   55.     Writ of habeas corpus
   56.     False statements in acknowledgments
   57.     Person making acknowledgment under sec 36 to be warned of penalties
   58.     Indemnification of agreeing parties
   59.     Civil standard of proof for certain purposes
   60.     Evidence
   61.     Abolition of right of surety to arrest
   62.     Abolition of common law powers to grant bail
   63.     Return of sureties
   64.     Contempt
   65.     Provisions as to warrants or court attendance notices
   66.     Contraventions of this Act by police officers
   67.     This Act to prevail
   68.     Savings and transitional provisions
   69.     Regulations
   70.     Rules
           SCHEDULE 1