Victorian Consolidated Legislation

Bail Act 1977 - SECT 18A

Appeal by Director of Public Prosecutions against inadequacy of bail etc.

18A. Appeal by Director of Public Prosecutions against inadequacy of bail etc.





(1) Where a person is granted bail in an amount which appears to the Director
of Public Prosecutions to be inadequate or on conditions which appear to the
Director of Public Prosecutions to be insufficient or in circumstances
appearing to the Director of Public Prosecutions to contravene or fail to
comply with any of the provisions of this Act and the Director of Public
Prosecutions is satisfied that an appeal should be brought in the public
interest the Director of Public Prosecutions on behalf of Her Majesty may
appeal to the Supreme Court against the order granting bail to that person.

(2) Where the Director of Public Prosecutions desires to appeal to the Court
under subsection (1) he shall cause notice of appeal setting forth the grounds
thereof to be given to the person granted bail (hereafter in this section
called the respondent) and to each of the sureties (if any).

(3) A notice required to be given to a surety under subsection (2) may be
given personally or by post or by causing the notice to be delivered at the
place of residence of the respondent or surety (as the case requires) shown in
the affidavit or declaration of justification for bail.

(4) Notice of appeal shall not be given under subsection (1) more than one
month after the bail is granted without first obtaining the leave of the
Supreme Court.

(5) The Director of Public Prosecutions or a legal practitioner on his behalf
may appear on behalf of Her Majesty on any appeal under this section and any
respondent or surety to whom notice is given under subsection (3) may appear
by himself or by a legal practitioner on his behalf.

(6) Upon an appeal under this section the Supreme Court shall if it thinks
that a different order should have been made quash the order and, without in
any way limiting the powers of the Supreme Court with respect to bail, make
any order in substitution therefor as it thinks ought to have been made.

(7) If the respondent is not present in Court when an order granting bail is
revoked or varied under this section the Court shall cause a warrant to be
issued for apprehending the respondent and bringing him before the Court.

(8) If the Court revokes an order granting the respondent bail the Court shall
commit the respondent to prison to await his trial.

(9) If the Court makes an order varying the amount or conditions of bail the
Court shall require the respondent to find further or other surety or
securities for the appearance of the respondent and may commit him to prison
until further or other surety or security is provided.

(10) On the hearing and determination of an appeal under this section no costs
shall be allowed on either side.

(11) A respondent if he so desires is entitled to be present on the hearing of
an appeal under this section notwithstanding that he may be in custody but the
Court may make any order under this section where the respondent is for any
reason not present.