New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 8D

8D Presumption against bail for offences committed in the course of riots or other civil disturbances

(1) This section applies to the following offences:

(a) an offence under section 93B (Riot) of the Crimes Act 1900 ,

(b) any other offence that is punishable by imprisonment for 2 years or more and that is alleged to have been committed:

(i) in the course of the accused person participating in a large-scale public disorder, or

(ii) in connection with the exercise of police powers to prevent or control such a disorder or the threat of such a disorder.

(2) In this section, "public disorder" means a riot or other civil disturbance that gives rise to a serious risk to public safety, whether at a single location or resulting from a series of incidents in the same or different locations.

(3) A person accused of an offence to which this section applies is not to be granted bail unless the person satisfies the authorised officer or court that bail should not be refused.

(4) The requirement for bail cannot be dispensed with for a person accused of an offence to which this section applies and section 10 (2) does not apply with respect to any such offence.

(5) Section 9 does not apply to an offence to which this section applies.

(6) Sections 32 (6) and 38 (1A) apply to an offence to which this section applies in the same way as they apply to an offence to which section 8A applies.