BAIL ACT 1980 - SECT 13 When only particular courts may grant bail

BAIL ACT 1980 - SECT 13

13 When only particular courts may grant bail

(1) Only the Supreme Court or a judge of the Supreme Court may grant bail to a person charged with an offence under the Criminal Code if, on conviction—

(a) for an adult—the sentencing court must decide which of the following sentences to impose on the person—

(i) imprisonment for life, which can not be mitigated or varied under the Criminal Code or any other law;

(ii) an indefinite sentence under the Penalties and Sentences Act 1992 , part 10 ; or

(b) for a child—the sentencing court would have to decide which of the sentences mentioned in paragraph (a) to impose on the person if the person were an adult.

Note—

See also the Youth Justice Act 1992 , section 59 for when a Childrens Court judge, within the meaning of that Act, may grant bail to a child despite this subsection.

(2) Only a court may grant bail to a person who—

(a) has previously been convicted of a terrorism offence; or

(b) is or has been the subject of a Commonwealth control order.

(3) For subsection (2) —


"convicted" , of an offence, means found guilty of the offence by a court, on a plea of guilty or otherwise, whether or not a conviction is recorded.


"court" does not include a justice or justices.