New South Wales Consolidated Acts

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BAIL ACT 2013 - SCHEDULE 1

SCHEDULE 1 – Application of Act to non-offenders

(Section 8)

1 Bail decisions in proceedings for the administration of sentence

(1) A court may make a bail decision in respect of a person if the person is brought or appears before the court in proceedings for the administration of sentence.
(2) The following proceedings are
"proceedings for the administration of sentence" :
(a) proceedings under the Crimes (Administration of Sentences) Act 1999 for an alleged failure by the person to comply with the conditions of a community correction order or conditional release order imposed for an offence,
(b) proceedings under the Children (Criminal Proceedings) Act 1987 for an alleged failure by the person to comply with the conditions of a good behaviour bond or probation imposed for an offence, or a failure to comply with an outcome plan determined under the Young Offenders Act 1997 for an offence,
(d) proceedings under the Children (Community Service Orders) Act 1987 on an application for the revocation of a children's community service order imposed on the person for an offence,
(e) proceedings of a kind prescribed by the regulations.
(3) In such a case, this Act applies, with any modifications provided for by the regulations, as if:
(a) the person brought or appearing before the court is accused of an offence (for which there is no right to release under Part 3), and
(b) the proceedings for the administration of sentence are proceedings for that offence.

2 Bail decisions made under other Acts

If another Act confers power on a person, body or court to make a bail decision in respect of a person otherwise than for an offence, this Act applies with any modifications provided for by that other Act.

The following are examples of provisions of other Acts that confer a power to grant bail, otherwise than for an offence:
(a) section 109U of the Children and Young Persons (Care and Protection) Act 1998 ,
(b) section 71 of the Coroners Act 2009 ,
(c) section 230 of the Criminal Procedure Act 1986 .



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