Victorian Consolidated Legislation

Bail Act 1977 - SECT 11

Cash deposit as security for penalty

11. Cash deposit as security for penalty



(1) Where a person is apprehended for an offence against any of the provisions
of sections 13, 14, 16 and 17 of the Summary Offences Act 1966 a member of the
police force of or above the rank of sergeant or for the time being in charge
of a police station shall in addition to any power he may have to release such
person on bail have power to release him on his making a deposit of such
amount not exceeding $50 as the member of the police force thinks reasonable
as security for the payment of any penalty that may be imposed as punishment
for his offence.

(2) Upon releasing a person under this section the member of the police force
shall notify him that he is required to appear before a court at a certain
time and place and that if he fails to appear accordingly the charge against
him may be heard in his absence and that the deposit will be appropriated to
the payment or part payment of any fine that may be imposed by the court and
that any surplus thereof will be paid into the Consolidated Fund but that if
he appears to answer to the charge any surplus will be refunded to him.

(3) Notwithstanding anything to the contrary in any Act or law, where any
person who is released in accordance with the provisions of this section fails
to appear at the time and place notified to him the charge against him may be
heard and determined in his absence and the deposit lodged by him shall be
appropriated to the payment or part payment of any fine that may be imposed by
the court and any surplus thereof shall be paid into the Consolidated Fund.

(4) Where a person who is released in accordance with the provisions of this
section appears to answer to the charge against him any surplus shall be
refunded to him.

(5) A statement in the prescribed form purporting to be signed by the member
of the police force who released a person under this section shall be prima
facie evidence that the defendant was released and notified in accordance with
the provisions of subsections (1) and (2).