Victorian Consolidated Legislation

Bail Act 1977 - SECT 24

Arrest of person released on bail

24. Arrest of person released on bail



(1) Any member of the police force may without warrant arrest any person who
has been released on bail-

   (a)  if the member of the police force has reasonable grounds for believing
        that the person is likely to break the condition for his appearance or
        any other condition on which he was admitted to bail, or has
        reasonable cause to suspect that the person is breaking or has broken
        any such other condition;

   (b)  if the member of the police force is notified in writing by any surety
        for the person that the surety believes that the person is likely to
        break the condition for his appearance and for that reason the surety
        wishes to be relieved of his obligations as a surety; or

   (c)  if the member of the police force has reasonable grounds for believing
        that any surety is dead, or that for any other reason the security is
        no longer sufficient.

(2) A person arrested under subsection (1)-

   (a)  shall be brought before a bail justice as soon as practicable after
        his arrest and in any event within 24 hours thereafter; or

   (b)  where he is arrested within 24 hours before the time at which he is
        bound by a condition of his bail to appear before a court-shall be
        brought before that court at that time.

(3) Where a person is brought before a bail justice or court pursuant to the
provisions of paragraph (a) or paragraph (b) of subsection (2) the bail
justice or court-

   (a)  if of the opinion that the person has broken or is likely to break a
        condition of the undertaking on which the person was admitted to
        bail-may revoke the bail and commit the person to prison with a
        direction to the officer in charge of the prison-

   (i)  if the direction is given by a court, that the person be brought
        before the court at the time when the person is required by the
        conditions of the bail to appear; or

   (ii) if the direction is given by a bail justice, that the person be
        brought before the Magistrates' Court on a date, specified in the
        direction, as soon as practicable but not later than 8 clear days
        after the direction is given- or release the person on his or her
        original undertaking or on a new undertaking with or without sureties;
        or

   (b)  if not of that opinion-shall release the person on his or her original
        undertaking.



(4) If a bail justice or court refuses to revoke bail under subsection (3)(a),
the Director of Public Prosecutions, if satisfied that an appeal should be
brought in the public interest, may appeal to the Supreme Court in the same
manner as is provided in section 18A.

(5) If the bail of a person is revoked under subsection (3), the person may
apply under section 18(6B) for an order granting bail.