Victorian Consolidated Legislation

Bail Act 1977 - SECT 5

Conditions of release on bail

5. Conditions of release on bail



(1) A court considering the release of an accused person on bail shall
consider the conditions for his release in the following sequence, namely-

   (a)  the release of the accused person on his own undertaking without
        sureties and without deposit of money or security to appear;

   (b)  the release of the accused person on his own undertaking with a
        deposit of money or other security of stated value;

   (c)  the release of the accused person upon his entering into an
        undertaking with a surety or sureties of stated value;

   (d)  the release of the accused person on his own undertaking with a
        deposit of money or other security of stated value and a surety or
        sureties of stated value-

but shall not make the conditions for his entry into bail any more onerous for
the accused person than the nature of the offence and the circumstances of the
accused person appear to the court to be required in the public interest.

(2) Where a court considers that the imposition of special conditions is
necessary to secure that-

   (a)  an accused person appears in accordance with his bail and surrenders
        himself into custody;

   (b)  an accused person does not commit an offence whilst on bail;

   (c)  an accused person does not endanger the safety or welfare of members
        of the public; or



   (d)  an accused person does not interfere with witnesses or otherwise
        obstruct the course of justice whether in relation to himself or any
        other person-

the court shall require the accused person to comply with such conditions as
the court imposes for any or all of such purposes.

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(4) Where a court grants bail upon the postponement of a hearing or while the
accused person is awaiting trial and the court is of opinion that an inquiry
ought to be made into the physical or mental condition of the accused person
the bail may be made subject to a condition that the accused person undergo
medical examination by a medical practitioner registered under the
Health Professions Registration Act 2005 at an institution or place specified
in the undertaking or by a specified registered medical practitioner and, if
bail is subject to such a condition, the court shall cause to be sent to the
institution, place, or practitioner a statement of the reason for the inquiry
and of any information before the court about his physical or mental
condition.