New South Wales Repealed Regulations

This legislation has been repealed.

BAIL REGULATION 1999 - SCHEDULE 1

SCHEDULE 1 – Forms

Form 1 - Information about bail in respect of minor offences

(Clause 6 (1) (a))

1 Entitlement to bail

Section 8 of the Bail Act 1978 applies to all offences not punishable by a sentence of imprisonment (except in default of payment of a fine). It also applies to certain other minor offences. Under section 8 you are entitled to be granted bail by an authorised officer at any time before your first appearance in a court in respect of the alleged offence UNLESS:

(a) you are, in the opinion of the authorised officer, incapacitated by intoxication, injury or use of a drug or are otherwise in danger of physical injury or in need of physical protection, or

(b) you are in custody serving a sentence of imprisonment and the authorised officer is satisfied you are likely to remain in custody for a longer period than the period for which bail would be granted.

2 Grant of bail

Bail may be granted either:

(a) unconditionally, or

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

3 Bail conditions

(1) One or more of the following conditions ONLY may be imposed on a grant of bail:

(a) that you enter into an agreement to observe specified requirements (other than financial requirements) as to your conduct while at liberty on bail,

(b) that one or more acceptable persons acknowledge that they are acquainted with you and regard you as a responsible person who is likely to comply with your bail undertaking,

(c) that you enter into an agreement, without security, to forfeit a specified amount of money if you fail to comply with your bail undertaking,

(d) that one or more acceptable persons enter into an agreement or agreements, without security, to forfeit a specified amount or amounts of money if you fail to comply with your bail undertaking,

(e) that you enter into an agreement, and deposit acceptable security, to forfeit a specified amount of money if you fail to comply with your bail undertaking,

(f) that one or more acceptable persons enter into an agreement or agreements, and deposit acceptable security, to forfeit a specified amount or amounts of money if you fail to comply with your bail undertaking,

(g) that you deposit with the authorised officer or court a specified amount of money in cash and enter into an agreement to forfeit the amount deposited if you fail to comply with your bail undertaking,

(h) that one or more acceptable persons deposit with the authorised officer or court a specified amount or amounts of money in cash and enter into an agreement or agreements to forfeit the amount or amounts deposited if you fail to comply with your bail undertaking.

(2) You may request that the authorised officer grant bail to you subject to any one or more of the above conditions.

4 Rights if bail refused

If you are refused bail or not released on bail, you are entitled to be brought as soon as practicable before a court.

5 Entitlement to release

(1) If you are granted bail you must be released from custody as soon as possible after you have given an undertaking to appear at a court.

(2) You are entitled to be released in respect of the offence for which you are now in custody after you have:

(a) given an undertaking in writing to appear in person before a court in accordance with the undertaking, and

(b) complied with the conditions (if any) imposed for your being released from custody.

6 Who is authorised to grant bail?

A police officer is authorised to grant bail if the officer:

(a) is of or above the rank of sergeant and is present at the police station, or

(b) is for the time being in charge of the police station.

Form 1A - Information about bail in respect of offences for which there is a presumption against bail

(Clause 6 (1) (b))

1 No presumption in favour of bail

Section 8A of the Bail Act 1978 applies to offences involving the cultivation of a commercial quantity of a prohibited plant or the manufacture, supply or importation of a commercial quantity of a prohibited drug. Under that section, you are not entitled to be granted bail in respect of the alleged offence unless you satisfy the authorised officer or court that bail should not be refused.

2 Bail conditions

(1) If you are granted bail, one or more of the following conditions ONLY may be imposed on a grant of bail:

(a) that you enter into an agreement to observe specified requirements (other than financial requirements) as to your conduct while at liberty on bail,

(b) that one or more acceptable persons acknowledge that they are acquainted with you and regard you as a responsible person who is likely to comply with your bail undertaking,

(c) that you enter into an agreement, without security, to forfeit a specified amount of money if you fail to comply with your bail undertaking,

(d) that one or more acceptable persons enter into an agreement or agreements, without security, to forfeit a specified amount or amounts of money if you fail to comply with your bail undertaking,

(e) that you enter into an agreement, and deposit acceptable security, to forfeit a specified amount of money if you fail to comply with your bail undertaking,

(f) that one or more acceptable persons enter into an agreement or agreements, and deposit acceptable security, to forfeit a specified amount or amounts of money if you fail to comply with your bail undertaking,

(g) that you deposit with the authorised officer or court a specified amount of money in cash and enter into an agreement to forfeit the amount deposited if you fail to comply with your bail undertaking,

(h) that one or more acceptable persons deposit with the authorised officer or court a specified amount of money in cash and enter into an agreement or agreements to forfeit the amount or amounts deposited if you fail to comply with your bail undertaking.

(2) You may request the authorised officer to grant bail to you subject to any one or more of the above conditions.

3 Rights if bail refused

If you are refused bail or not released on bail, you are entitled to be brought as soon as practicable before a court.

4 Entitlement to release if granted bail

If and when you are granted bail, you are entitled to be released in respect of the offence for which you are now in custody after you have:

(a) given an undertaking in writing to appear in person before a court in accordance with the undertaking, and

(b) complied with the conditions (if any) imposed for your being released from custody.

5 Who is authorised to grant bail?

A police officer is authorised to grant bail if the officer:

(a) is of or above the rank of sergeant and is present at the police station, or

(b) is for the time being in charge of the police station.

Form 2 - Information as to entitlement to bail

(Clause 6 (1) (c))

1 Entitlement to bail

Under section 9 of the Bail Act 1978 you are entitled to be granted bail by an authorised officer at any time before your first appearance in a court in respect of the alleged offence UNLESS:

(a) you are in custody serving a sentence of imprisonment and the authorised officer is satisfied that you are likely for that reason to remain in custody for a longer period than the period for which bail would be granted, or

(b) you are charged with one of the following offences (but if you have been charged with one or more of these offences you may nevertheless be granted bail under section 13 of the Bail Act 1978 ):

(i) an offence to which section 8 (1) or 8A (1) of the Bail Act 1978 applies,

(ii) an offence under section 51 of the Bail Act 1978 (failing to appear in accordance with a bail undertaking),

(iii) murder or manslaughter,

(iv) an offence under section 26 (conspiring to commit murder), 27 (acts done to the person with intent to murder), 28 (acts done to property with intent to murder), 29 (certain other attempts to murder) or 30 (attempts to murder by other means) of the Crimes Act 1900 ,

(v) an offence under section 31 (documents containing threats) or 33 (wounding etc with intent to do bodily harm or resist arrest) of the Crimes Act 1900 ,

(vi) an offence under section 61J (aggravated sexual assault), 61K (assault with intent to have sexual intercourse), 66A (sexual intercourse with child under 10), 66B (attempting, or assaulting with intent, to have sexual intercourse with child under 10), 78H (homosexual intercourse with male under 10) of the Crimes Act 1900 ,

(vii) an offence under section 90A (kidnapping) of the Crimes Act 1900 ,

(viii) an offence under section 95 (robbery with striking), 96 (robbery with wounding), 97 (robbery while armed or in company) or 98 (robbery with wounding while armed or in company) of the Crimes Act 1900 ,

(ix) an offence under section 23 (1) (cultivation, supply or possession of prohibited plant), 24 (1) (manufacture or production of prohibited drug) or 25 (1) (supply of prohibited drug) of the Drug Misuse and Trafficking Act 1985 (but only if the plant or drug concerned is alleged to be of a quantity that is at least twice the indictable quantity applicable under that Act),

(x) an offence under section 26 (conspiring to commit offence referred to in (viii) above), section 27 (aiding etc commission of offence referred to in (viii) above) or section 28 (conspiring to commit or aiding etc commission of offence under a law in force outside New South Wales corresponding to section 23 (1), 24 (1) or 25 (1)) of the Drug Misuse and Trafficking Act 1985 (but only if the plant or drug concerned is alleged to be of a quantity that is at least twice the indictable quantity applicable under that Act),

(xi) an offence under section 25A (supplying prohibited drugs on an ongoing basis) of the Drug Misuse and Trafficking Act 1985 , an offence under section 26 of that Act (conspiring to commit an offence under section 25A), an offence under section 27 of the Act (aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence under section 25A) or an offence under section 28 of that Act (conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence under a law in force outside New South Wales corresponding to section 25A of the Drug Misuse and Trafficking Act 1985 ),

(xii) an offence under section 302.3, 302.4, 303.5, 303.6, 304.2, 304.3, 305.4, 305.5, 306.2, 306.3, 306.4, 307.2, 307.3, 307.6, 307.9, 307.11, 307.12, 307.13, 309.2, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14 or 309.15 of the Criminal Code of the Commonwealth (being serious drug offences), or an offence under Division 11 of Part 2.4 of the Criminal Code of the Commonwealth where that offence relates to any of the specified sections, but only if the goods or substances concerned are alleged to be of a nature and quantity required for an offence referred to in paragraph (ix) or (x) above,

Note: In addition, offences excluded from the operation of section 9 of the Bail Act 1978 immediately before the commencement of Schedule 1 to the Crimes and Courts Legislation Amendment Act 2005 (that is, an offence under section 231 (1), 233A or 233B of the Customs Act 1901 of the Commonwealth, or an offence under Division 11 of Part 2.4 of the Criminal Code of the Commonwealth where that offence relates to section 233B of the Customs Act 1901 ) continue to be excluded from the operation of that section despite those amendments.

(xiii) an offence referred to in section 9A (1) of the Bail Act 1978 (a domestic violence offence or an offence of contravening an apprehended domestic violence order by an act involving violence or that would constitute an offence against section 13 of the Crimes (Domestic and Personal Violence) Act 2007 or section 545AB or 562AB of the Crimes Act 1900 ), or

(c) the authorised officer is satisfied that he or she is, after consideration of the matters referred to in section 32 of the Bail Act 1978 , justified in refusing bail.

2 Matters to be considered in bail application under section 32 of the Bail Act 1978

Section 32 of the Bail Act 1978 provides that the following matters only may be taken into account in considering bail:

(a) the probability of whether or not you will appear in court in respect of the offence for which bail is being considered, having regard only to:

(i) your background and community ties, as indicated by the history and details of your residence, employment and family situations and your prior criminal record (if known), and

(ii) any previous failure by you to appear in court pursuant to a bail undertaking or pursuant to a recognizance of bail entered into before 17 March 1980, and

(iii) the circumstances of the offence (including its nature and seriousness), the strength of the evidence against you and the severity of the penalty or probable penalty, and

(iv) any specific evidence indicating whether or not it is probable that you will appear in court, and

(b) your interests, having regard only to:

(i) the period that you may be obliged to spend in custody if bail is refused and the conditions under which you would be held in custody, and

(ii) your needs to be free to prepare for your appearance in court or to obtain legal advice or both, and

(iii) your needs to be free for any other lawful purpose, and

(iv) whether or not you are, in the opinion of the authorised officer or court, incapacitated by intoxication, injury or use of a drug or are otherwise in danger of physical injury or in need of physical protection, and

(c) the protection of:

(i) any person against whom it is alleged that the offence concerned was committed, and

(ii) the close relatives of any such person, and

(iii) any other person the authorised officer or court considers to be in need of protection because of the circumstances of the case, and

(d) the protection and welfare of the community, having regard only to:

(i) the nature and seriousness of the offence, in particular whether the offence is of a sexual or violent nature, and

(ii) whether or not you have failed, or have been arrested for an anticipated failure, to observe a reasonable bail condition previously imposed in respect of the offence, and

(iii) the likelihood of you interfering with evidence, witnesses or jurors, and

(iv) the likelihood that you will or will not commit an offence while at liberty on bail (which is a factor to which the authorised officer may only have regard if the authorised officer is satisfied that you are likely to commit it and that the likelihood that you will commit it, together with the likely consequences, outweighs your general right to be at liberty), and

(v) if the offence for which bail is being considered is a serious offence, whether, at the time that you are alleged to have committed the offence, you had been granted bail, or released on parole, in connection with any other serious offence.

3 Granting of bail

Bail may be granted either:

(a) unconditionally, or

(b) subject to a condition or conditions.

4 Bail conditions

(1) One or more of the following conditions ONLY may be imposed on a grant of bail:

(a) that you enter into an agreement to observe specified requirements (other than financial requirements) as to your conduct while at liberty on bail,

(b) that one or more acceptable persons acknowledge that they are acquainted with you and regard you as a responsible person who is likely to comply with your bail undertaking,

(c) that you enter into an agreement, without security, to forfeit a specified amount of money if you fail to comply with your bail undertaking,

(d) that one or more acceptable persons enter into an agreement or agreements, without security, to forfeit a specified amount or amounts of money if you fail to comply with your bail undertaking,

(e) that you enter into an agreement, and deposit acceptable security, to forfeit a specified amount of money if you fail to comply with your bail undertaking,

(f) that one or more acceptable persons enter into an agreement or agreements, and deposit acceptable security, to forfeit a specified amount or amounts of money if you fail to comply with your bail undertaking,

(g) that you deposit with the authorised officer or court a specified amount of money in cash and enter into an agreement to forfeit the amount deposited if you fail to comply with your bail undertaking,

(h) that one or more acceptable persons deposit with the authorised officer or court a specified amount of money in cash and enter into an agreement or agreements to forfeit the amount or amounts deposited if you fail to comply with your bail undertaking.

(2) You may request the authorised officer to grant bail to you subject to any one or more of the above conditions.

5 Rights if bail refused

If you are refused bail or not released on bail, you are entitled to be brought as soon as practicable before a court.

6 Entitlement to release

If and when you are granted bail, you are entitled to be released in respect of the offence for which you are now in custody after you have:

(a) given an undertaking in writing to appear in person before a court in accordance with the undertaking, and

(b) complied with the conditions (if any) imposed for your being released from custody.

7 Who is authorised to grant bail?

A police officer is authorised to grant bail if the officer:

(a) is of or above the rank of sergeant and is present at the police station, or

(b) is for the time being in charge of the police station.

Form 3 - Applications in relation to bail

(Clause 8 (1) (b))

Part 1 Application for grant of bail

I,,

Part 2 Application for review of bail determination

I,,

Special facts and circumstances If you are making this application to the Supreme Court, and you have made earlier application to the Supreme Court in respect of the same charge, state below any special facts or circumstances that have arisen since your last application was heard:

Part 3 Application for alteration of bail conditions

I,,

Additional information If you have been granted bail but remain in custody because you cannot meet one or more of your bail conditions, state below which one(s):



If you are making this application to the Supreme Court, and you have made earlier application to the Supreme Court in respect of the same charge, state below any special facts or circumstances that have arisen since your last application was heard:

Form 4 - Notice about the review of a bail decision

(Clauses 10 (4) and 25)

1 Right of review

(1) Part 6 of the Bail Act 1978 provides that a bail decision may be reviewed.

(2) A "bail decision" includes a refusal to grant bail, a granting of bail conditionally or unconditionally and a dispensing with bail.

(3) A review may be had only at the request of:

(a) the accused person, or

(b) the informant (being a police officer), or

(c) the informant or complainant (whether or not a police officer) in the case of bail granted in respect of a domestic violence offence or an application for an apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007 , or

(d) the Attorney General or the Director of Public Prosecutions.

2 Which court can consider a request for review of a bail decision?

(1) A request for review may be made to the appropriate court as set out below:

If a bail decision was made by	it may be reviewed by
an authorised officer	a Magistrate or the Supreme Court
a Justice	the Justice or a Magistrate or the Supreme Court
a Magistrate	a Magistrate or the Supreme Court
the District Court	the District Court or the Supreme Court
the Industrial Court	the Industrial Court or the Supreme Court
the Land and Environment Court	the Land and Environment Court or the Supreme Court
the Court of Criminal Appeal	the Court of Criminal Appeal
the Supreme Court	the Supreme Court, or: the Land and Environment Court, the Industrial Court, the District Court or a Magistrate, but only if:(a) you are appearing before the Land and Environment Court, the Industrial Court, the District Court or a Magistrate in criminal proceedings, and(b) the Land and Environment Court, the Industrial Court, the District Court or Magistrate is satisfied that special facts or special circumstances exist.

3 What can a court do when it reviews a bail decision?

A court, in reviewing a bail decision, may confirm or vary that decision or substitute another decision.

4 Form of request for review

A request for review of a bail decision must be in writing in or to the effect of Part 2 of Form 3 in Schedule 1 to the Bail Regulation 1999 , a copy of which may be obtained from a court office or a correctional centre.

5 Special right in case of inability to meet bail conditions

If you have been granted bail but remain in custody because you cannot meet one or more of your bail conditions, you may apply for a bail condition review. The application must be made to the court that granted the conditional bail (or, if the bail was granted by an authorised officer or a justice, to a Magistrate). The application must be in writing in or to the effect of Part 3 of Form 3 in Schedule 1 to the Bail Regulation 1999 , a copy of which may be obtained from a court office or a correctional centre.

6 You can apply for review even if the court has not been notified that you are in custody

The governor of the correctional centre or officer-in-charge of the lock-up or police station at which you are in custody is required to notify the appropriate court that you are in custody because the bail conditions have not been met but, even if this notice has not been sent, you can still apply for a review of your bail conditions.

7 Special right to review of reporting conditions

If you have been granted bail on the condition you report to a police station while on bail, or that you reside at a specified address while on bail, you may apply for a variation of that condition. You may apply for the police station to which you report or the times at or days on which you report to be varied. The application must be made to a justice employed in the Attorney-General’s Department.

8 Second or subsequent applications to the Supreme Court

If you are applying to the Supreme Court about your bail, and if this is not your first application in respect of that bail, you must show that there are special facts or special circumstances that justify the making of this application, otherwise the Court may refuse to entertain your application.

Form 5 - Bail undertaking

(Clause 13)

Name of accused:

Address of accused:

Offence(s):

Name of surety (sureties) (if any)

and

Address of surety (sureties) (if any)

Undertakings

I undertake to appear in respect of the above offence or offences at the

Bail conditions

*I understand that the grant of bail is subject to the following condition(s) (authorised officer or court to cross out whichever conditions are not applicable):

(a) that I enter into an agreement to observe specified requirements as to my conduct while at liberty on bail as set out in this Form,

(b) that one (or) acceptable person(s) acknowledge that he or she is (they are) acquainted with me and regard(s) me as a responsible person who is likely to comply with my bail undertaking,

(c) that I enter into an agreement, without security, to forfeit an amount of money, as specified in this form, if I fail to comply with my bail undertaking,

(d) that one (or) acceptable person(s) enter into an agreement or agreements, without security, to forfeit an amount or amounts of money, as specified in this form, if I fail to comply with my bail undertaking,

(e) that I enter into an agreement, and deposit acceptable security, to forfeit an amount of money, as specified in this form, if I fail to comply with my bail undertaking,

(f) that one (or) acceptable person(s) enter into an agreement or agreements, and deposit acceptable security, to forfeit an amount or amounts of money, as specified in this form, if I fail to comply with my bail undertaking,

(g) that I deposit an amount of money in cash, as specified in this form, and enter into an agreement to forfeit the amount if I fail to comply with my bail undertaking,

(h) that one (or) acceptable person(s) deposit an amount or amounts of money in cash, as specified in this form, and enter into an agreement or agreements, to forfeit the amount(s) if I fail to comply with my bail undertaking.

Agreement to observe requirements as to conduct

*I agree to observe as a condition of my bail the following requirements as to my conduct while at liberty on bail:

Agreement of accused

*I agree to forfeit the sum of $in money in the event of my failure to appear in accordance with my undertaking.

Agreement of surety or sureties

*I/We
and
agree to forfeit the sum of $(each) in money in the event of the failure of the accused to appear in accordance with his or her undertaking.

Particulars of cash deposited

*$deposited by the accused/surety/each surety
(Receipt No:)

Particulars of security given

*$security deposited by the accused/surety/each surety
(Receipt No:)

Certificate

*I certify that the accompanying document is a copy of the notice given to the accused for the purposes of section 34 (1) of the Bail Act 1978 and that I gave the notice to the accused person by delivering it to the person personally.
Signature:
Office held by signatory (cross out whichever is not applicable):

Justice of the Peace and Prescribed Officer.

Authorised Officer and Prescribed Officer.

Note: A copy of the undertaking is to be given to the accused person and to a surety or person who has made an acknowledgment under section 36 (2) (b) of the Bail Act 1978 . Section 51 of the Bail Act 1978 provides that a person who fails without reasonable excuse (proof of which lies on him or her) to appear before a court in accordance with a bail undertaking is guilty of an offence. A person convicted of such an offence is liable to the same penalties as are by law provided for the offence in respect of which he or she failed to appear but no sentence of imprisonment may exceed 3 years and no fine may exceed $3,300. A sentence so imposed may be directed to be served cumulatively on any other sentence of imprisonment then imposed or then being served. If an amount of bail money, not exceeding $300, deposited pursuant to a bail agreement, is forfeited by reason of non-compliance with a bail undertaking entered into for the appearance of a person, the person by whom the amount was deposited may, within 21 days from the date of forfeiture, lodge with the court of summary jurisdiction at or nearest the place at which the bail money was forfeited an application in or to the effect of the form prescribed under the Forfeited Recognizances Act and Bail 1954 for the discharge of the forfeited bail money. If the accused person changes his or her address, the person must give notice in writing of his or her new address to the clerk of the court at which he or she is to appear.

Form 6 - Acknowledgment by acceptable person

(Clause 14)

Name of accused:

Address:

Acknowledgment

I,,

Statement of authorised officer/Justice of the Peace

This acknowledgment was made before me at

Note: Section 54 (2) of the Bail Act 1978 provides that an authorised officer or court to whom or with whom a person, other than the accused person, makes an acknowledgment under a bail condition must forthwith give or cause to be given to that other person a copy of the condition or a notice setting out the terms of the condition.

Form 7 - Reasons for bail decision by authorised officer

(Clauses 6 (2) (a) and 17 (1))

Name of accused:

Offence(s):

Request for bail

The accused has:

*(1) made no request for bail, or

*(2) requested that he or she be granted bail unconditionally, or

*(3) requested that he or she be granted bail subject to the following conditions as specified in section 36 (2) of the Act:

Determination

I have determined that:

*(1) bail be granted unconditionally, or

*(2) bail be refused, or

*(3) bail be granted subject to one or more of the following conditions (cross out whichever conditions are not applicable):

(a) that the accused person enter into an agreement to observe requirements as to his or her conduct while at liberty on bail, namely:

• to report to the officer in charge of Police at (name of police station) at the following times or frequency:

• to reside at

• not to approach, contact, molest or harass (specify name of person) or incite any other person to do so

• (other requirements)

(b) that one (or) acceptable person(s) acknowledge in writing that he or she is (they are) acquainted with the accused person and he or she (they) regard(s) the accused person as a responsible person who is likely to comply with his or her bail undertaking,

(c) that the accused person enter into an agreement, without security, to forfeit an amount of money, namely $, if the or she fails to comply with his or her undertaking,

(d) that one (or) acceptable person(s) enter into an agreement or agreements, without security, to forfeit an amount or amounts of money, namely $(each), if the accused person fails to comply with his or her bail undertaking,

(e) that the accused person enter into an agreement and deposit security, to forfeit an amount of money, namely $if he or she fails to comply with his or her bail undertaking,

(f) that one (or) acceptable person(s) enter into an agreement and deposit security, to forfeit an amount or amounts of money, namely $(each), if the accused person fails to comply with his or her bail undertaking,

(g) that the accused person deposit the sum of $in cash, and enter into an agreement to forfeit the amount if he or she fails to comply with his or her bail undertaking,

(h) that one (or) acceptable person(s) deposit the sum(s) of $(each) in cash, and enter into an agreement or agreements to forfeit the amount(s) if the accused person fails to comply with his or her bail undertaking.

Reasons for determination

The reason (s) for my decision is/are (or is/are attached):

Acknowledgment that information was given to accused

I,

Note: This form should be completed in duplicate in all cases where bail is granted conditionally or refused. The original should be forwarded to the court at which the accused is to appear and a copy should be retained.

Form 8 - Reasons for bail decision by court

(Clause 17 (3))

Name of accused:

Offence(s):

Determination

It is determined (in respect of each offence) that:

*(1) bail be granted unconditionally, or

*(2) bail be refused, or

*(3) bail be granted subject to one or more of the following conditions (cross out whichever conditions are not applicable):

(a) that the accused person enter into an agreement to observe requirements as to his or her conduct while at liberty on bail, namely:

• to report to the officer in charge of Police at (name of police station) at the following times or frequency:

• to reside at

• not to approach, contact, molest or harass (specify name of person) or incite any other person to do so

• (other requirements)

(b) that one (or) acceptable person(s) acknowledge in writing that he or she is (they are) acquainted with the accused person and he or she (they) regard(s) the accused person as a responsible person who is likely to comply with his or her bail undertaking,

(c) that the accused person enter into an agreement without security to forfeit an amount of money, namely $if the accused person fails to comply with his or her bail undertaking,

(d) that one (or) acceptable person(s) enter into an agreement or agreements, without security, to forfeit an amount or amounts of money, namely $(each) if the accused person fails to comply with his or her bail undertaking,

(e) that the accused person enter into an agreement and deposit security, to forfeit an amount of money, namely $if the accused person fails to comply with his or her bail undertaking,

(f) that one (or) acceptable person(s) enter into an agreement and deposit security, to forfeit an amount or amounts of money, namely $(each) if the accused person fails to comply with his or her bail undertaking,

(g) that the accused person deposit the sum of $in cash and enter into an agreement to forfeit such amount if the accused person fails to comply with his or her bail undertaking,

(h) that one (or) acceptable person(s) deposit the sum(s) of $(each) in cash and enter into an agreement or agreements to forfeit such amount(s) if the accused person fails to comply with his or her bail undertaking.

Particulars of any determination made under section 36 (3) of the Act are:

Reasons for determination The reason(s) for the decision is/are (or is/are attached):

Name of court:

Date:

Place:

* Cross out whichever is not applicable.

Form 9 - Application by surety for discharge from liability in respect of a bail undertaking

(Clause 20)

Name of accused:

Address:

Offence(s):

Name of surety:

Address:

Telephone no:

Application is made under section 42 of the Bail Act 1978 to the

*(1) which granted bail, or

*(2) before which the accused person is required to appear in accordance with his or her bail undertaking,

The accused has undertaken to appear before the

Signature of Surety:

Date:

* Cross out whichever is not applicable.

A warrant of arrest/summons has this day been issued by me (returnable on).

Justice of the Peace:

Date:

Form 10 - Warrant of arrest where a surety applies to be discharged from liability in respect of a bail undertaking

(Clause 21)

TO ALL POLICE IN THE STATE OF NEW SOUTH WALES:

WHEREAS on,

AND WHEREAS the surety has made application to the

YOU ARE COMMANDED to arrest the accused person and bring him or her before the

This warrant was issued by me at

Justice of the Peace:

Date:

Note: This warrant should not be executed after the date on which the accused person has undertaken to appear without reference first being made to the court.

Address of accused:

Address of surety:

Form 11 - Request for review of bail determination or for alteration of bail conditions

(Clause 22 (1) (b))

(This Form is for use where the request for review is made by the informant or the Attorney General)

Details of accused

Name of accused:
Date of birth of accused:
Offence(s):

Details of request

Request is made under Part 6 of the Bail Act 1978 to the

*(1) review of a bail determination made by

(name of court or authorised officer)

at

*(2) alteration of conditions of bail set by

(name of court or authorised officer)

at

Details of earlier bail decision

Bail was on:

*(1) refused

*(2) dispensed with

*(3) granted

*(4) granted with the following conditions:

Details of whereabouts of accused

The accused person:

*(1) is in custody atcorrectional centre

*(2) has been released and resides at

Form 12 - Notice of continuance of bail

(Clause 24)

Name of accused:

Address of accused:

Date of undertaking:

TAKE NOTICE that the proceedings in respect of which you gave a bail undertaking have been adjourned:
*to the

*The conditions of the bail have been varied in the following manner:

Certificate

*I certify that this document is a copy of the notice given to the accused for the purposes of section 34 (1) of the Bail Act 1978 and that I gave the notice to the accused person by delivering it to the person personally.
Prescribed Officer :
Date:

* Cross out whichever is not applicable.

Form 13 - Notice by custodian concerning person in custody after grant of bail

(Clause 26)

TO: The Registrar,

Court

TAKE NOTICE that

Signature:

Office of signatory:

Superintendent,

(name of correctional centre)

OR

*Officer in charge,

(name of police station or lock-up)

* Cross out whichever is not applicable.

Form 14 - Acknowledgment that information was given to accused person

(Clause 6 (2) (b))

I,,

Signature of authorised officer:

Place at which form signed:

Date: