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BAIL ACT 1985 - SECT 10A

BAIL ACT 1985 - SECT 10A

10A—Presumption against bail in certain cases

        (1)         Despite section 10, bail is not to be granted to a prescribed applicant unless the applicant establishes the existence of special circumstances justifying the applicant's release on bail.

        (1a)         An applicant who is a serious and organised crime suspect will not be taken to have established that special circumstances exist for the purposes of subsection (1) unless the applicant also establishes, by evidence verified on oath or by affidavit, that he or she has not previously been convicted of—

            (a)         a serious and organised crime offence; or

            (b)         an offence committed in another jurisdiction that would, if committed in this jurisdiction, have been a serious and organised crime offence.

        (2)         In this section—

"prescribed applicant" means—

            (a)         an applicant taken into custody in relation to any of the following offences if committed, or allegedly committed, by the applicant in the course of attempting to escape pursuit by a police officer or attempting to entice a police officer to engage in a pursuit:

                  (i)         an offence against section 13 of the Criminal Law Consolidation Act 1935 in which the victim's death was caused by the applicant's use of a motor vehicle;

                  (ii)         an offence against section 19A of the Criminal Law Consolidation Act 1935 ;

                  (iii)         an offence against section 29 of the Criminal Law Consolidation Act 1935 if the act or omission constituting the offence was done or made by the applicant in the course of the applicant's use of a motor vehicle; or

            (b)         an applicant taken into custody in relation to an offence against section 17 if there is alleged to have been a contravention of, or failure to comply with, a condition of a bail agreement imposed under section 11(2)(a)(ii); or

            (ba)         an applicant taken into custody in relation to an offence against section 31 of the Intervention Orders (Prevention of Abuse) Act 2009 if the act or omission alleged to constitute the offence involved physical violence or a threat of physical violence; or

            (bb)         an applicant who is a serious and organised crime suspect;

            (c)         an applicant taken into custody in relation to an offence of contravening or failing to comply with a control order or public safety order issued under the Serious and Organised Crime (Control) Act 2008 ; or

            (ca)         an applicant charged with an aggravated offence involving physical violence or a threat of physical violence if an aggravating circumstance of the offence is that, at the time of the alleged offence, the applicant is alleged to have contravened an intervention order of a court and the offence lay within the range of conduct that the intervention order was designed to prevent; or

            (d)         an applicant taken into custody in relation to an offence against any of the following provisions of the Criminal Law Consolidation Act 1935 :

            (ci)         section 11;

                  (i)         section 20A;

                  (ii)         section 85B;

                  (iii)         section 172;

                  (iv)         section 248;

                  (v)         section 250; or

            (e)         an applicant taken into custody in relation to a serious firearm offence (within the meaning of Part 3 Division 3 of the Sentencing Act 2017 ); or

            (f)         an applicant taken into custody in relation to both—

                  (i)         a serious drug offence (within the meaning of section 34 of the Controlled Substances Act 1984 ); and

                  (ii)         a serious offence against the person (within the meaning of section 74EA of the Summary Offences Act 1953 ); or

            (g)         an applicant who is a terror suspect; or

            (h)         an applicant taken into custody in relation to an offence against section 86(4) of the Children and Young People (Safety) Act 2017 .