Victorian Consolidated Legislation

Bail Act 1977 - SECT 5A

Power to return defendant to youth justice centre

5A. Power to return defendant to youth justice centre









(1) Despite anything in this Act, if-

   (a)  the defendant in a criminal proceeding in the Supreme Court or the
        County Court is a person undergoing a sentence of detention in a youth
        justice centre; and

   (b)  the Supreme Court or the County Court, as the case may be, adjourns
        the proceeding-

the Supreme Court or the County Court may, instead of remanding the defendant
in custody-

   (c)  direct that the defendant be returned to the custody of the Secretary
        to the Department of Human Services until the end of the sentence of
        detention or the resumption of the hearing, whichever is the sooner;
        and

   (d)  either-

   (i)  grant the defendant bail on a special condition that bail is not to be
        entered until the end of the sentence of detention; or

   (ii) refuse bail and direct that the defendant be brought before the
        Supreme Court or the County Court, as the case may be, at a later date
        for it to consider the granting of bail.





(2) In this section, the end of the sentence of detention means the time when
the defendant is released from custody, whether on parole or otherwise.

Note See also section 49 of the Magistrates' Court Act 1989.