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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 (Repealed) 4. (Repealed) 5. (Repealed)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 (Repealed)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

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