New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 8

8 Right to release on bail for minor offences

(1) This section applies to:

(a) all offences not punishable by a sentence of imprisonment (except in default of payment of a fine),

(a1) offences under the Summary Offences Act 1988 that are punishable by a sentence of imprisonment, and

(b) all offences punishable summarily that are of a class or description prescribed by the regulations for the purposes of this section, and

(c) all offences (whether or not of a kind referred to in paragraph (a) or (b)) in respect of which a person is an accused person by virtue of section 4 (2) (e) or (f),

except offences against section 51.

(2) A person accused of an offence to which this section applies:

(a) is entitled to be granted bail in accordance with this Act unless:

(i) the person has previously failed to comply with a bail undertaking given or bail condition imposed in respect of the offence,

(ii) the person is, in the opinion of the authorised officer or court, incapacitated by intoxication, injury or use of a drug or is otherwise in danger of physical injury or in need of physical protection,

(iii) the person stands convicted of the offence or the person’s conviction for the offence is stayed, or

(iv) the requirement for bail is dispensed with, as referred to in section 10, and

(b) is entitled to be so granted bail either:

(i) unconditionally, or

(ii) subject to such bail condition or bail conditions imposed on the grant of bail to the person as, in the opinion of the authorised officer or court, is or are reasonably and readily able to be entered into,

to the intent that the person shall be, subject to section 7, released (if in custody) as soon as possible after the person gives the bail undertaking.

(3) Subject to subsection (4), a person is entitled under this section to be granted bail in respect of an offence to which this section applies, notwithstanding that the person is in custody also for some other offence or reason, in respect of which the person is not entitled to be granted bail.

(4) A person is not entitled under this section to be granted bail in respect of an offence to which this section applies, if:

(a) the person is in custody serving a sentence of imprisonment in connection with some other offence, and

(b) the authorised officer or court is satisfied that the person is likely to remain in custody in connection with that other offence for a longer period than that for which bail in connection with the firstmentioned offence would be granted.