BAIL ACT 1980 - As at 18 March 2024 - Act 35 of 1980
- As at 18 March 2024
- Act 35 of 1980
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
3. (Repealed)
4. (Repealed)
5. (Repealed)
- 6 Definitions
- 6A Delegation of powers by proper officer
PART 2 - GRANT AND ENLARGEMENT OF BAIL AND OTHER RELEASE
- 7 Power of police officer to grant bail
- 8 Power of court as to bail
- 9 Duty of court to grant bail in certain cases
- 10 General powers as to bail
- 10A No court fee payable for making application to Supreme Court
- 10B No costs order
- 11 Conditions of release on bail
- 11AA Release of a person only after surrender of passport
- 11AB Condition requiring completion of DAAR course
- 11A Release of a person with an impairment of the mind
- 11B Release notice
- 12 Restriction on publication of information, evidence and the like given in bail application
- 13 When only particular courts may grant bail
- 14 Release of persons apprehended on making deposit of money as security for appearance
- 14A Magistrates Courts may grant cash bail or permit to go at large
- 15 Procedure upon application for bail
- 15A Conduct of proceeding by Magistrates Court outside district or division
15B. (Repealed)
- 16 Refusal of bail generally
- 16A Refusal of bail for defendants convicted of terrorism offences or subject to Commonwealth control orders
- 17 Enlargement of undertaking
- 18 Endorsement of decision as to bail or release on papers and warrant
- 19 Application re refusal or conditions of bail
- 19A Consideration of unrecorded convictions
- 19B Review of particular decisions
- 19C Review by Supreme Court of magistrate’s decision on a review
- 19CA Stay of release decision relating to relevant domestic violence offence
- 19D Warrants in aid of orders under section 19B or 19C or stay under section 19CA
- 19E Review provisions do not affect other powers
PART 3 - UNDERTAKINGS AND SURETIES
- 20 Undertaking as to bail
- 21 Sureties
- 22 Procedure where sureties do not attend prison
- 23 Application to court by surety for discharge
- 24 Apprehension of defendant by surety
- 25 Effect of death of surety
- 26 Offence of indemnifying surety
PART 4 - GENERAL PROVISIONS
- 27 Notice of trial
- 27A Warrant for apprehension of defendant for failing to enter into undertaking etc. before leaving precincts of court
- 27B Warrant for apprehension of defendant—bail granted using video link facilities or audio link facilities under Justices Act 1886, pt 6A
- 28 Warrant for apprehension of defendant by Supreme or District Court
- 28A Other warrants for apprehension of defendant
- 28B Warrant authority to apprehend defendant on other charges
- 28C Warrant for apprehension of person released under section 11A
- 29 Offence to breach conditions of bail
- 29A Procedure in respect of defendants apprehended under s 21(7) or the Police Powers and Responsibilities Act 2000
- 30 Apprehension on variation or revocation of bail
- 31 Forfeiture of undertaking
- 32 Forfeiture of deposit or other security
- 32A Order for payment of amount under forfeited undertaking
- 32B Variation or revocation of order forfeiting bail undertaking
- 33 Failure to appear in accordance with undertaking
- 33A Certain offences may be dealt with
- 33B Committal or remand of certain defendants
- 33C Jurisdiction
- 33D Postponing issue or enforcement of a warrant
- 34 Effect of apprehension on another charge of defendant on bail
- 34A Varying bail if summary charge transmitted from court of summary jurisdiction to another court
- 34B Varying bail if summary charge transmitted from receiving court back to court of summary jurisdiction
- 34BA Varying bail on registry committal
- 34BB Varying bail for charge for indictable offence referred to clerk of the court under Justices Act 1886
- 34C Access to court files by representative of community justice group in defendant’s community
- 34D Confidentiality
- 34E Protection from liability
- 34F Commissioner may give information about special condition of bail to particular persons
- 35 Proceedings for offences
- 36 Evidentiary provisions
- 36A Service of notices
- 36B When bail ceases to have effect
- 36BA Review of domestic violence provisions
- 36C Approval of forms
- 37 Regulation-making power
PART 5 - TRANSITIONAL AND VALIDATION PROVISIONS