BAIL ACT 1982 - SECT 8
BAIL ACT 1982 - SECT 8
8 . Accused to be given information, approved forms etc.
(1) Subject to
subsection (4), a judicial officer or authorised officer who is called upon to
consider an accused’s case for bail, on the first occasion when it
arises in relation to an offence or group of offences for which an accused is
required to appear, shall ensure that the accused is, or has been, given
—
(a) such
information in writing as to the effect of this Act as is prescribed for the
purposes of this paragraph; and
(b) an
approved form for completion, designed to disclose to the judicial officer or
authorised officer all information relevant to the decision; and
(c)
where the accused is unable or insufficiently able, to read, speak or write
English, such assistance as he may reasonably require in order to have
communicated to him the information mentioned in paragraph (a) and complete
the form referred to in paragraph (b).
(2) After an accused
case for bail has been considered once, a judicial officer or authorised
officer on any subsequent consideration of bail in the same case shall —
(a)
comply with subsection (1)(a); and
(b)
either comply with subsection (1)(b) or obtain the form previously completed
for the purposes of that paragraph, if any, and ensure that —
(i)
the form is revised in order to show any changes which he
is informed have occurred since it was completed; and
(ii)
any assistance, of the kind referred to in subsection
(1)(c) is given to the accused for the purpose of completing or revising the
form, as the case may be.
(3) Nothing in this
section shall be read as limiting section 23.
(3a) Notwithstanding
subsection (1)(a) or (2)(a) a judicial officer or authorised officer need not
comply with that paragraph if it appears to him that the accused’s case
for bail is such that bail is likely to be granted to him in accordance with
this Act; but if it subsequently appears to him that bail will not be granted
or that the accused is dissatisfied with any condition imposed on the grant of
bail he shall then comply with that paragraph.
(4) Notwithstanding
subsection (1)(b) or (2)(b), a judicial officer or an authorised officer may
dispense with completion or revision of the form referred to in those
paragraphs if it appears to him that —
(a) the
accused’s case for bail is such that bail is likely to be granted to him
in accordance with this Act; and
(b) the
information in the possession of the judicial officer or authorised officer is
sufficient for his consideration of the case.
(5) Where a person has
applied for bail for an appeal as mentioned in section 7F(1), this section
applies as if the consideration of bail for the appeal were a first
consideration of bail for an offence.
[Section 8 amended: No. 74 of 1984 s. 6; No. 15 of
1988 s. 6; No. 33 of 1989 s. 18; No. 84 of 2004 s. 82; No. 6 of 2008 s. 9(2)
and 43(1).]