BAIL ACT 2013 - As at 3 April 2024 - Act 26 of 2013

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Purpose of Act
• 4 Definitions
• 5 Proceedings for an offence
• 6 Conclusion of proceedings

PART 2 - GENERAL PROVISIONS

• 7 What is bail
• 8 Bail decisions that can be made
• 9 Decision to release without bail
• 10 Decision to dispense with bail
• 11 Decision to grant or refuse bail
• 12 Duration of bail
• 13 Requirement to appear
• 14 Limitation on entitlement to be at liberty

PART 3 - MAKING AND VARIATION OF BAIL DECISIONS

Division 1 - Preliminary

• 15 Bail decision to be made in accordance with this Part
• 16 Flow charts--key features of bail decisions

Division 1A - Show cause requirement

• 16A Accused person to show cause for certain serious offences
• 16B Offences to which the show cause requirement applies

Division 2 - Unacceptable risk test--all offences

• 17 Assessment of bail concerns
• 18 Matters to be considered as part of assessment
• 19 Refusal of bail--unacceptable risk
• 20 Accused person to be released if no unacceptable risks
• 20A Imposition of bail conditions

Division 2A - Special rules for certain offences

• 21 Special rule for offences for which there is a right to release
• 22 General limitation on court's power to release
• 22A Limitation on power to release in relation to terrorism related offences
• 22B Limitation regarding bail during period following conviction and before sentencing for certain offences
• 22C Temporary limitation on bail for certain young persons in relation to certain serious offences

Division 3 - Bail conditions

• 23 When bail conditions can be imposed
24. (Repealed)
• 25 Bail conditions can impose conduct requirements
• 26 Bail conditions can require security to be provided
• 27 Bail conditions can require character acknowledgments
• 28 Bail condition can impose accommodation requirements
• 28A Bail condition can impose accompaniment requirements
• 29 Limitation on power to impose pre-release requirements
• 30 Bail conditions may include enforcement conditions
• 30A Bail conditions requiring electronic monitoring

Division 4 - Procedural requirements

• 31 Rules of evidence do not apply
• 32 Matters to be decided on balance of probabilities

PART 4 - PROCEDURES AFTER DECISION IS MADE OR VARIED

Division 1 - Functions of bail authorities

• 33 Bail acknowledgment to be given on grant of bail
• 34 Notice of refusal of bail to be given
• 35 Notice of variation of bail conditions to be given
• 36 Information to be provided about bail security agreements
• 37 Information to be provided about character acknowledgments
• 38 Reasons for decision to be recorded
• 39 Power to issue warrant of commitment

Division 2 - General

• 40 Stay of release decision if detention sought
• 41 Limitation on length of adjournments if bail refused
• 42 Notice required if accused person granted bail remains in custody

PART 5 - POWERS TO MAKE AND VARY BAIL DECISIONS

Division 1 - Powers of police officers

• 43 Police power to make bail decision
• 43A Police power to make bail decision--witnesses
• 44 Bail decision to be made after person is charged
• 45 Procedures after bail decision is made
• 46 Duties if bail refused or accused person not released
• 47 Review of police decision by senior police officer

Division 2 - Powers of courts and authorised justices--bail applications

• 48 Powers of courts and authorised justices to hear bail applications
• 49 Accused person may make release application
• 50 Prosecutor may make detention application
• 51 Interested person may make variation application
• 52 Powers of authorised justices to vary court decisions

Division 3 - Additional powers of courts and authorised justices

• 53 Discretion to make or vary bail decision without bail application
• 54 Discretion to refuse bail if no application is made
• 55 Variation of bail decision if accused person remains in custody
• 56 Discretion to defer decision if accused person is intoxicated

Division 4 - Restrictions on powers of courts and authorised justices

• 57 Bail conditions not to be varied contrary to court direction
• 58 Authorised justice must not vary or impose enforcement conditions

PART 6 - POWERS TO HEAR BAIL APPLICATIONS

Division 1 - Interpretation

• 59 Meaning of pending proceedings
• 60 Part applies to bail applications only

Division 2 - General powers

• 61 Power to hear bail application if proceedings are pending in court
• 62 Power to hear bail application if sentence or conviction appealed
• 63 Power to hear variation application for own decision

Division 3 - Additional powers

• 64 Powers specific to Local Court and authorised justices
• 65 Powers specific to District Court
• 66 Powers specific to Supreme Court
• 67 Powers specific to Court of Criminal Appeal

Division 4 - Restrictions on powers

• 68 Limited powers when proceedings pending in another court
• 69 Limited powers when decision made by Supreme Court or Court of Criminal Appeal
• 70 Authorised justice cannot revoke or grant bail contrary to decision of court

PART 7 - GENERAL PROVISIONS ABOUT BAIL APPLICATIONS

• 71 Bail applications to be dealt with expeditiously
• 72 Application by accused person must be heard on first appearance
• 73 Discretionary grounds to refuse to hear bail application
• 74 Multiple release or detention applications to same court not permitted
• 75 Fresh application to be dealt with as new hearing
• 76 Regulations relating to bail applications

PART 8 - ENFORCEMENT OF BAIL REQUIREMENTS

• 77 Police officers may take actions to enforce bail requirements
• 77A Courts may take action to enforce bail requirement to appear
• 78 Powers of bail authorities
• 79 Offence of failing to appear
• 80 Proceedings for fail to appear offence
• 81 Giving of directions under enforcement conditions

PART 9 - GENERAL PROVISIONS ABOUT SECURITY REQUIREMENTS

• 82 Deposit of bail money or bail security
• 83 Bail guarantor may apply to be discharged of liability
• 84 Bail guarantor must not dispose of bail security
• 85 Revocation of bail if bail security no longer intact
• 86 Offence of indemnifying bail guarantor
• 87 Bail guarantor does not have right to arrest
• 88 Return of bail money and security

PART 10 - MISCELLANEOUS

• 89 Restrictions on publication of association conditions
• 90 Bail for contempt not affected
• 91 Powers in relation to writs of habeas corpus not affected
• 92 Time from which accused person is in custody of court
• 93 Facilitation of proof of bail acknowledgments and decisions
• 94 Facilitation of proof of failure to appear
• 95 Exercise of functions of bail authority by appropriate officers
• 96 Court attendance notices and warrants
• 97 Proceedings for offences
• 98 Regulations
• 99 Court rules
100. (Repealed)
• 101 Review of Act
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3