BAIL ACT 2013 - As at 3 April 2024 - Act 26 of 2013
- As at 3 April 2024 - Act 26 of 2013Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Purpose of Act
- 4 Definitions
- 5 Proceedings for an offence
- 6 Conclusion of proceedings
PART 2 - GENERAL PROVISIONS
- 7 What is bail
- 8 Bail decisions that can be made
- 9 Decision to release without bail
- 10 Decision to dispense with bail
- 11 Decision to grant or refuse bail
- 12 Duration of bail
- 13 Requirement to appear
- 14 Limitation on entitlement to be at liberty
PART 3 - MAKING AND VARIATION OF BAIL DECISIONS
Division 1 - Preliminary
- 15 Bail decision to be made in accordance with this Part
- 16 Flow charts--key features of bail decisions
Division 1A - Show cause requirement
- 16A Accused person to show cause for certain serious offences
- 16B Offences to which the show cause requirement applies
Division 2 - Unacceptable risk test--all offences
- 17 Assessment of bail concerns
- 18 Matters to be considered as part of assessment
- 19 Refusal of bail--unacceptable risk
- 20 Accused person to be released if no unacceptable risks
- 20A Imposition of bail conditions
Division 2A - Special rules for certain offences
- 21 Special rule for offences for which there is a right to release
- 22 General limitation on court's power to release
- 22A Limitation on power to release in relation to terrorism related offences
- 22B Limitation regarding bail during period following conviction and before sentencing for certain offences
- 22C Temporary limitation on bail for certain young persons in relation to certain serious offences
Division 3 - Bail conditions
- 23 When bail conditions can be imposed 24. (Repealed)
- 25 Bail conditions can impose conduct requirements
- 26 Bail conditions can require security to be provided
- 27 Bail conditions can require character acknowledgments
- 28 Bail condition can impose accommodation requirements
- 28A Bail condition can impose accompaniment requirements
- 29 Limitation on power to impose pre-release requirements
- 30 Bail conditions may include enforcement conditions
- 30A Bail conditions requiring electronic monitoring
Division 4 - Procedural requirements
PART 4 - PROCEDURES AFTER DECISION IS MADE OR VARIED
Division 1 - Functions of bail authorities
Note- 33 Bail acknowledgment to be given on grant of bail
- 34 Notice of refusal of bail to be given
- 35 Notice of variation of bail conditions to be given
- 36 Information to be provided about bail security agreements
- 37 Information to be provided about character acknowledgments
- 38 Reasons for decision to be recorded
- 39 Power to issue warrant of commitment
Division 2 - General
- 40 Stay of release decision if detention sought
- 41 Limitation on length of adjournments if bail refused
- 42 Notice required if accused person granted bail remains in custody
PART 5 - POWERS TO MAKE AND VARY BAIL DECISIONS
NoteDivision 1 - Powers of police officers
- 43 Police power to make bail decision
- 43A Police power to make bail decision--witnesses
- 44 Bail decision to be made after person is charged
- 45 Procedures after bail decision is made
- 46 Duties if bail refused or accused person not released
- 47 Review of police decision by senior police officer
Division 2 - Powers of courts and authorised justices--bail applications
- 48 Powers of courts and authorised justices to hear bail applications
- 49 Accused person may make release application
- 50 Prosecutor may make detention application
- 51 Interested person may make variation application
- 52 Powers of authorised justices to vary court decisions
Division 3 - Additional powers of courts and authorised justices
- 53 Discretion to make or vary bail decision without bail application
- 54 Discretion to refuse bail if no application is made
- 55 Variation of bail decision if accused person remains in custody
- 56 Discretion to defer decision if accused person is intoxicated
Division 4 - Restrictions on powers of courts and authorised justices
Note- 57 Bail conditions not to be varied contrary to court direction
- 58 Authorised justice must not vary or impose enforcement conditions
PART 6 - POWERS TO HEAR BAIL APPLICATIONS
Division 1 - Interpretation
- 59 Meaning of pending proceedings
- 60 Part applies to bail applications only
Division 2 - General powers
- 61 Power to hear bail application if proceedings are pending in court
- 62 Power to hear bail application if sentence or conviction appealed
- 63 Power to hear variation application for own decision
Division 3 - Additional powers
- 64 Powers specific to Local Court and authorised justices
- 65 Powers specific to District Court
- 66 Powers specific to Supreme Court
- 67 Powers specific to Court of Criminal Appeal
Division 4 - Restrictions on powers
- 68 Limited powers when proceedings pending in another court
- 69 Limited powers when decision made by Supreme Court or Court of Criminal Appeal
- 70 Authorised justice cannot revoke or grant bail contrary to decision of court
PART 7 - GENERAL PROVISIONS ABOUT BAIL APPLICATIONS
- 71 Bail applications to be dealt with expeditiously
- 72 Application by accused person must be heard on first appearance
- 73 Discretionary grounds to refuse to hear bail application
- 74 Multiple release or detention applications to same court not permitted
- 75 Fresh application to be dealt with as new hearing
- 76 Regulations relating to bail applications
PART 8 - ENFORCEMENT OF BAIL REQUIREMENTS
Note- 77 Police officers may take actions to enforce bail requirements
- 77A Courts may take action to enforce bail requirement to appear
- 78 Powers of bail authorities
- 79 Offence of failing to appear
- 80 Proceedings for fail to appear offence
- 81 Giving of directions under enforcement conditions
PART 9 - GENERAL PROVISIONS ABOUT SECURITY REQUIREMENTS
- 82 Deposit of bail money or bail security
- 83 Bail guarantor may apply to be discharged of liability
- 84 Bail guarantor must not dispose of bail security
- 85 Revocation of bail if bail security no longer intact
- 86 Offence of indemnifying bail guarantor
- 87 Bail guarantor does not have right to arrest
- 88 Return of bail money and security
PART 10 - MISCELLANEOUS
- 89 Restrictions on publication of association conditions
- 90 Bail for contempt not affected
- 91 Powers in relation to writs of habeas corpus not affected
- 92 Time from which accused person is in custody of court
- 93 Facilitation of proof of bail acknowledgments and decisions
- 94 Facilitation of proof of failure to appear
- 95 Exercise of functions of bail authority by appropriate officers
- 96 Court attendance notices and warrants
- 97 Proceedings for offences
- 98 Regulations
- 99 Court rules 100. (Repealed)
- 101 Review of Act