Victorian Consolidated Legislation

Bail Act 1977 - SECT 12

Court or bail justice to grant or refuse bail

12. Court or bail justice to grant or refuse bail



(1) Where a person is apprehended, whether by virtue of a warrant or
otherwise, and brought before a court or bail justice and application is made
by or on behalf of the informant to remand the person or to commit him to
prison during an adjournment the court or bail justice before which he is
first brought shall either grant bail for the appearance of the person on the
day to which he is remanded or the case adjourned or shall refuse bail and
shall certify on the warrant of remand or the warrant of commitment (as the
case may be)-

   (a)  where bail is granted-consent to the person being bailed, stating also
        the amount of any surety or sureties to be required, and any special
        conditions applicable to the release of that person; or

   (b)  where bail is refused-a statement of such refusal and of the grounds
        for refusal.

(1A) A bail justice must not remand a person referred to in subsection (1) in
custody for a period of more than 8 clear days.

(2) Where a person charged with an indictable offence is committed to prison
to take his trial for the offence the magistrate committing him shall either
grant bail for the appearance of the person upon his trial or shall refuse
bail and shall certify on the warrant of commitment-

   (a)  where the magistrate grants bail-his or her consent to the person
        being bailed, stating also the amount of any surety or sureties to be
        required, and any special conditions applicable to the release of that
        person; or

   (b)  where the magistrate refuses bail-a statement of such refusal and of
        the grounds for refusal.