Victorian Consolidated Legislation

Bail Act 1977 - SECT 16

Extension of bail

16. Extension of bail



(1) Every undertaking may with the consent of any person or persons offering
himself or themselves as surety or sureties contain a provision for its
extension without any further consent of the surety or sureties upon such
postponements or adjournments of the hearing as are from time to time
directed, but nothing in this subsection shall prejudice in any way the right
of any person offering himself as surety to elect to be bound with respect to
an undertaking which may be extended only with his consent given at the time
of the extension and no court shall refuse to admit a person to bail on the
ground only that a person offering himself as surety has so elected.



(2) Where a hearing is adjourned or postponed the time and place for the
commencement of the sitting to which the hearing is adjourned or postponed
shall be stated openly by the court, and the court-

   (a)  with the consent of the sureties; or

   (b)  where the undertaking of bail so provides-without the consent of the
        sureties-

may extend the bail of the person charged, and thereupon the person charged
shall be bound to attend at that time and place without entering into a fresh
undertaking and the sureties shall be bound accordingly, or the court may make
such order as to bail and as to the commitment of the person charged to prison
until bail is forthcoming as the court thinks fit.

(3) Where a person charged with an offence or apprehended under a warrant is
remanded in custody or committed to safe custody during an adjournment or
released on bail and a court is satisfied-

   (a)  if the accused person is remanded in custody or committed to safe
        custody, the accused is by reason of illness, accident or other
        sufficient cause unable to appear personally; or

   (b)  if the accused person is released on bail, the accused is not present
        for sufficient cause-

on the day on which he is required to appear the court may, in the absence of
the accused person, order him to be further remanded for such time or
committed to safe custody for such time as the court thinks fit and may order
any undertaking to be extended so as to require the appearance of the accused
person at every time and place to which the accused person is remanded or the
hearing is adjourned.

(4) An endorsement on an undertaking to the effect that it has been extended
by a court pursuant to the provisions of this section and stating the time and
place at which the person charged is bound to attend and purporting to be
signed by the person constituting the court shall be proof until the contrary
is shown that the bail was so extended.