BAIL ACT 1978 - As at 20 May 2014 - Act 161 of 1978
- As at 20 May 2014
- Act 161 of 1978
Table of Provisions
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 (Repealed)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
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
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
Division 1 - Bail applications
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 (Repealed)
- 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- 36C Certain information not to be published or broadcast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
- 37AA Enforcement 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
PART 6 - REVIEW OF BAIL DECISIONS
Division 1 - Power of senior police officers to review
- 43A Power of senior police officer to review
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
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 Notice 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
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
