Bail Act 1982
The Bail Act sets out the rights of the accused in relation to bail, jurisdiction to grant bail, conditions which may be imposed,bail undertakings and the administration of home detention conditions
Refers mostly to juveniles, who is defined as someone over 10 years and under 18 years of age.
The bail act is a right which should ensure that an accused person attends court when required and does not offend or interfere with witnesses or the trial process.should reflect an entitlement to bail as a starting point and a presumption in favour of bail. Bail should be issued with for matters that are unlikely to attract a sentence of imprisonment. It is part of a system whereby police and Justices of the Peace possess the only power to grant bail to a person and in circumstances where they are also disinclined to grant bail, the matter is to be referred to a Magistrate or judicial officer.
Bail Conditions:
While you are on bail you also have to observe the conditions set out in your undertaking.
If you fail to comply with a condition set out in your undertaking imposed for the purposes mentioned in clause 2(2)(c) or (d) of Part D of Schedule 1 to the Act you commit an offence. The penalty for the offence is a fine of up to $10 000 or imprisonment for up to 3 years, or both.
When court may reconsider bail:
Bail may be interrupted and they may be brought before the court for reconsideration of bail if they are in the following situations –
1. If your surety or a police officer reasonable believes that –
(a) you are not likely to appear in court as required
(b) a bail condition is being, has been or is likely to be broken by them
2. if a police officer reasonably believes that the court should reconsider their surety, or the security
3. if bail is for an appeal and a police officer reasonably believes that they have been guilty of delaying the hearing of the appeal
4. if their surety apples to the court for cancellation of this pledge undertaking.
In case of importance where their pledge reasonably believes that you are not likely to appear in court as required or that you have broken any bail condition, he may arrest and hand them over to a police officer to be taken before the court for reconsideration of bail.
In the case of a defendant who is a child, the references to pledge in this part of the form include the responsible person.
Refers mostly to juveniles, who is defined as someone over 10 years and under 18 years of age.
The bail act is a right which should ensure that an accused person attends court when required and does not offend or interfere with witnesses or the trial process.should reflect an entitlement to bail as a starting point and a presumption in favour of bail. Bail should be issued with for matters that are unlikely to attract a sentence of imprisonment. It is part of a system whereby police and Justices of the Peace possess the only power to grant bail to a person and in circumstances where they are also disinclined to grant bail, the matter is to be referred to a Magistrate or judicial officer.
Bail Conditions:
While you are on bail you also have to observe the conditions set out in your undertaking.
If you fail to comply with a condition set out in your undertaking imposed for the purposes mentioned in clause 2(2)(c) or (d) of Part D of Schedule 1 to the Act you commit an offence. The penalty for the offence is a fine of up to $10 000 or imprisonment for up to 3 years, or both.
When court may reconsider bail:
Bail may be interrupted and they may be brought before the court for reconsideration of bail if they are in the following situations –
1. If your surety or a police officer reasonable believes that –
(a) you are not likely to appear in court as required
(b) a bail condition is being, has been or is likely to be broken by them
2. if a police officer reasonably believes that the court should reconsider their surety, or the security
3. if bail is for an appeal and a police officer reasonably believes that they have been guilty of delaying the hearing of the appeal
4. if their surety apples to the court for cancellation of this pledge undertaking.
In case of importance where their pledge reasonably believes that you are not likely to appear in court as required or that you have broken any bail condition, he may arrest and hand them over to a police officer to be taken before the court for reconsideration of bail.
In the case of a defendant who is a child, the references to pledge in this part of the form include the responsible person.