Victorian Consolidated Legislation

Bail Act 1977 - SECT 15

Conditions of bail

15. Conditions of bail



(1) Every undertaking for the appearance of a person at the hearing of a
charge for an offence or at a preliminary examination or upon a trial for an
offence shall be conditioned for the appearance of the person charged at the
time and place of the hearing or trial and that he will then surrender himself
and not depart without leave of the court and will as often as leave is given
return at the time appointed by the court on granting leave and again
surrender himself.

(2) Where a certificate of bail is endorsed on a warrant and it is
inconvenient for sureties to attend at the prison to sign the undertaking of
bail any bail justice may make a duplicate of the certificate on the warrant
and upon the certificate being produced to some other bail justice that bail
justice may witness the signature of the surety or the signatures of the
sureties on the undertaking in conformity with the certificate, and upon the
undertaking being transmitted to the officer in charge of the prison and
produced together with the certificates on the warrant to any bail justice
attending or being at the prison the bail justice may thereupon witness the
signature of the accused person on the undertaking and may order him to be
discharged out of custody.

(3) Where a court admits to bail a person who then is in prison the court
shall send to or cause to be lodged with the officer in charge of the prison a
warrant of deliverance requiring the discharge of the person admitted to bail
if he is detained for no other lawful cause and upon the warrant of
deliverance being delivered to or lodged with the officer in charge of the
prison he shall forthwith obey the warrant.