BAIL ACT 1982
Table of Provisions
PART I -- Preliminary
PART II -- Rights of accused in relation to bail
- 5 Accused’s rights to have bail considered
- 6 Arresting officer’s duty to consider bail
- 6A Officials considering bail may order release without bail
- 7 Unconvicted accused, court to consider bail for
- 7A Bail may be dispensed with by court
- 7B Adult accused of murder
- 7C Child accused of murder
- 7D Bail after initial decision by court, court’s duty as to
- 7E Bail refused for trial, court’s duty during trial
- 7F Appeal from court of summary jurisdiction, bail in case of
- 8 Accused to be given information, approved forms etc.
- 9 Bail decision may be deferred until more information obtained
- 10 Sections 5, 6 and 7 do not apply if accused imprisoned for other cause
- 11 Accused’s rights following grant of bail
- 12 Rights in s. 7A(2) and 11, limitations on
PART III -- Jurisdiction relating to bail
- 13 Jurisdiction to grant bail, who has and exercise of (Sch. 1)
- 13A Jurisdiction in s. 7A to dispense with bail, who has and exercise of
- 13B Notices under s. 13A(3), service and proof of
- 14 Judges, jurisdiction of
- 15 Accused charged with murder, jurisdiction as to bail for
- 15A Appeal against judge’s decision on bail, commencement and conduct
- 15B Appeal under s. 15A, determination
- 16 Person arrested on warrant, bail of
- 16A Person arrested in urban area, restrictions on who can grant bail for in some cases
- 16B Person linked to terrorism
- 17 Conditions on bail which may be imposed
- 17A Child on bail, changing responsible person for (Sch. 1 Pt. C cl. 2)
PART IV -- Hearing of case for bail, parties, and evidence
- 20 Bail hearing for indictable offence, court may restrict publication or hold in private
- 21 Parties to bail proceedings
- 22 Evidence at bail hearings
- 23 Accused not bound to supply information
- 24 Court or authorised officer may ask police to verify accused’s information or make report
- 24A Court may ask community corrections officer to verify accused’s information or make report
- 25 Information given by accused for bail purposes not admissible at trial
- 26 Record of bail decision and reasons
- 27 Relevant papers to be made available to court where accused to appear
- 27A Bail with home detention, papers to be sent to CEO (corrections)
PART V -- Bail undertakings
- 28 Bail undertaking, when required and nature of
- 29 Before whom bail undertaking may be entered into
- 30 Duties of person before whom bail undertaking is entered into
- 31 Different time and place for appearance, substituting
- 31A Conditions on bail, amending during trial
- 32 Notices under s. 31, service and proof of
- 33 Judicial officer may order accused to enter into bail undertaking
- 34 When bail undertaking ceases to have effect
PART VI -- Sureties and surety undertakings
- 35 Surety and surety undertaking
- 36 Sureties, who may approve
- 37 Proposed surety to receive certain information and form
- 38 Persons disqualified from being sureties
- 39 Matters to be regarded when approving sureties
- 40 Decision on application by proposed surety
- 41 Finality of decision to refuse approval of surety
- 42 Before whom surety undertaking may be entered into
- 43 Duties of person before whom surety undertaking is entered into
- 43A M Entering into surety undertaking where proposed surety interstate
- 44 When surety undertaking extends to different time or different time and place substituted under s.
- 45 Notices under s. 44, service and proof of
- 46 Surety’s power to arrest accused
- 47 When surety undertaking ceases to have effect
- 48 Surety may apply for cancellation of his undertaking
- 49 Surety’s undertaking to pay money, enforcing
- 50 Indemnifying surety, offence
PART VIA -- Administration of home detention conditions
- 50A Powers of CEO (corrections)
- 50C Powers and duties of community corrections officers
- 50D Powers of members of Police Force
- 50E CEO (corrections) may substitute different place of detention and apply conditions
- 50F CEO (corrections) may revoke bail
- 50G Procedure on arrest after revocation under s. 50F
50H. Rules of natural justice excluded
- 50J Delegation by CEO (corrections)
- 50L Rules for this Part
PART VII -- Enforcement of bail undertakings
- 51 Failing to comply with bail undertaking, offence
- 51A Prosecuting s. 51 offence for non-appearance in court of summary jurisdiction
- 52 Prosecuting s. 51 offence for non-appearance in superior court
- 53 Appeal against decision made under s.
- 54 Bailed accused may be taken before judicial officer to show cause against variation or revocation of bail
- 54A Accused on committal may be taken for purposes of s. 54 before judicial officer by which committed
- 55 Accused before court under s. 54, judicial officer may revoke bail of etc.
- 57 Offence under s. 51, court to order forfeiture of money under bail undertaking
- 58 Automatic forfeiture of money on expiration of one year after absconding
PART VIII -- Miscellaneous
- 59 Order for forfeiture, court’s additional powers as to
- 59A If bail dispensed with, accused may be taken before judicial officer for reconsideration of matter
- 59B Absconding accused, warrant for arrest of
- 60 Change of address, accused and surety to notify
- 61 Failing to bring arrested person before court or person able to grant bail, offence
- 62 Giving false information for bail purposes, offence
- 63 Protection from personal liability
- 64 Proving appearance or non-appearance by accused
- 65 Bail undertakings by child, effect of
- 66 Other powers or duties to grant bail abolished
- 66A Delegation by registrar of court
- 66B Video link or audio link, use of in bail proceedings
- 66C Protection of terrorist intelligence information in bail proceedings
- 66D Annual report to include information about application of s. 66C
66E. Retrieving monitoring equipment
- 67 Regulations
- 67A Review of amendments made by Bail Amendment (Persons Linked to Terrorism) Act 2019
