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Bail Amendment (Stage Two) Act 2018
No. of 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of Bail Act 1977 3
3 Definitions 3
4 New section 3AAAA inserted 3
5 New sections 3AAA and 3AA inserted 4
6 New section 3D inserted 6
7 Section 4 substituted and new sections 4A to 4E inserted 10
8 Bail undertaking 13
9 New section 5AAAA inserted 14
10 Conduct conditions 15
11 Application for bail 15
12 New sections 8A and 8B inserted 16
13 Power of police officer, sheriff or authorised person to grant or
refuse bail 16
14 New section 10AA inserted 19
15 Power of bail justice to grant or refuse bail 21
16 Power of court to grant or refuse bail 22
17 New section 12A inserted 23
18 New section 12B inserted 23
19 Treason, murder and other Schedule 1 offences 24
20 New section 13A inserted 25
21 Section 18AD substituted 26
22 Transitional provisions 26
23 Minor and consequential amendments 27
24 Amendments consequential on Fines Reform Act 2014 28
Part 3--Amendment of Children, Youth and Families Act 2005 29
25 Children, Youth and Families Act 2005 29
Part 4--Amendments related to the Children and Justice
Legislation Amendment (Youth Justice Reform) Act 2017 30
26 Children, Youth and Families Act 2005 30
27 Criminal Procedure Act 2009 31
i
Clause Page
28 Bail Act 1977 31
29 Sentencing Act 1991 31
Part 5--Repeal of amending Act 32
30 Repeal of amending Act 32
═════════════
Endnotes 33
1 General information 33
ii
Bail Amendment (Stage Two) Act 2018
No. of 2018
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to make further amendments to the Bail
Act 1977 in relation to the grant or refusal
of bail; and
(b) to empower police officers to remand in
custody certain persons who have been
refused bail by a police officer; and
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No. of 2018
Part 1--Preliminary
(c) to amend the Children, Youth and Families
Act 2005 in relation to how a child taken
into custody is to be dealt with if only a court
may grant bail to the child; and
(d) to make amendments to certain Acts related
to the Children and Justice Legislation
Amendment (Youth Justice Reform)
Act 2017.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 October 2018, it comes into
operation on that day.
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Part 2--Amendment of Bail Act 1977
Part 2--Amendment of Bail Act 1977
3 Definitions
(1) In section 3 of the Bail Act 1977, in the definition
of bail decision maker, after "grant bail" insert
", extend bail, vary the amount of bail or the
conditions of bail or revoke bail".
(2) In section 3 of the Bail Act 1977 insert the
following definitions--
"prosecutor, in relation to an application under
this Act, includes the informant, a police
prosecutor and any other person appearing
on behalf of the Crown;
surrounding circumstances--see section 3AAA;
unacceptable risk test--see section 4E;
vulnerable adult--see section 3AAAA.".
(3) In section 3 of the Bail Act 1977, in the definition
of undertaking, for "5." substitute "5;".
4 New section 3AAAA inserted
After section 3 of the Bail Act 1977 insert--
"3AAAA Meaning of vulnerable adult
(1) For the purposes of this Act, a person is a
vulnerable adult if the person is 18 years of
age or more and has a cognitive, physical or
mental health impairment that causes the
person to have difficulty in--
(a) understanding their rights; or
(b) making a decision; or
(c) communicating a decision.
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(2) A bail decision maker may consider a person
to be a vulnerable adult even if the bail
decision maker cannot identify the particular
impairment referred to in subsection (1).".
5 New sections 3AAA and 3AA inserted
Before section 3A of the Bail Act 1977 insert--
"3AAA Surrounding circumstances
If this Act provides, in relation to a matter,
that a bail decision maker must take into
account the surrounding circumstances, the
bail decision maker must take into account
all the circumstances that are relevant to
the matter including, but not limited to, the
following--
(a) the nature and seriousness of the
alleged offending, including whether it
is a serious example of the offence;
(b) the strength of the prosecution case;
(c) the accused's criminal history;
(d) the extent to which the accused has
complied with the conditions of any
earlier grant of bail;
(e) whether, at the time of the alleged
offending, the accused--
(i) was on bail for another offence; or
(ii) was subject to a summons to
answer to a charge for another
offence; or
(iii) was at large awaiting trial for
another offence; or
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Part 2--Amendment of Bail Act 1977
(iv) was released under a parole order;
or
(v) was subject to a community
correction order made in respect
of, or was otherwise serving a
sentence for, another offence;
(f) whether there is in force--
(i) a family violence intervention
order made against the accused; or
(ii) a family violence safety notice
issued against the accused; or
(iii) a recognised DVO made against
the accused;
(g) the accused's personal circumstances,
associations, home environment and
background;
(h) any special vulnerability of the accused,
including being a child or an Aboriginal
person, being in ill health or having a
cognitive impairment, an intellectual
disability or a mental illness;
Notes
1 Section 3A sets out matters to be taken
into account by a bail decision maker in
making a determination in relation to an
Aboriginal person.
2 Section 3B sets out matters to be taken
into account by a bail decision maker in
making a determination in relation to a
child.
(i) the availability of treatment or bail
support services;
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Part 2--Amendment of Bail Act 1977
(j) any known view or likely view of an
alleged victim of the offending on the
grant of bail, the amount of bail or the
conditions of bail;
(k) the length of time the accused is likely
to spend in custody if bail is refused;
(l) the likely sentence to be imposed
should the accused be found guilty of
the offence with which the accused is
charged;
(m) whether the accused has publicly
expressed support for a terrorist act
or a terrorist organisation or for the
provision of resources to a terrorist
organisation.
3AA Offence that is both a Schedule 1 and a
Schedule 2 offence
For the purposes of this Act, an offence
that is both a Schedule 1 offence and a
Schedule 2 offence must be taken to be
a Schedule 1 offence.".
6 New section 3D inserted
At the end of Part 1 of the Bail Act 1977 insert--
"3D Flowcharts
(1) A flow chart in this section illustrates the key
features of the decision making process to
which it relates. It is intended only as a guide
to the reader.
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Part 2--Amendment of Bail Act 1977
(2) Flow Chart 1 applies to Schedule 1 offences.
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Part 2--Amendment of Bail Act 1977
(3) Flow Chart 2 applies to Schedule 2 offences.
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Part 2--Amendment of Bail Act 1977
(4) Flow Chart 3 applies to all offences.
".
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7 Section 4 substituted and new sections 4A to 4E
inserted
For section 4 of the Bail Act 1977 substitute--
"4 Entitlement to bail
A person accused of an offence, and being
held in custody in relation to that offence, is
entitled to be granted bail unless the bail
decision maker is required to refuse bail by
this Act.
4A Schedule 1 offences--step 1--exceptional
circumstances test
(1) A bail decision maker must refuse bail
for a person accused of a Schedule 1
offence unless satisfied that exceptional
circumstances exist that justify the grant
of bail.
(2) The accused bears the burden of satisfying
the bail decision maker as to the existence of
exceptional circumstances.
(3) In considering whether exceptional
circumstances exist, the bail decision maker
must take into account the surrounding
circumstances.
Note
The term surrounding circumstances is defined in
section 3. Also the bail decision maker is required to
take into account other matters if the accused is an
Aboriginal person or a child. See sections 3A and 3B.
(4) If the bail decision maker is satisfied that
exceptional circumstances exist that justify
the grant of bail, the bail decision maker
must then move to step 2--unacceptable risk
test.
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4B Schedule 1 offences--step 2--
unacceptable risk test
(1) If at step 1 (section 4A) the bail decision
maker is satisfied that exceptional
circumstances exist that justify the grant of
bail for a person accused of a Schedule 1
offence, the bail decision maker must apply
the unacceptable risk test.
(2) For the application of the unacceptable risk
test, the prosecutor bears the burden of
satisfying the bail decision maker--
(a) as to the existence of a risk of a kind
mentioned in section 4E(1)(a); and
(b) that the risk is an unacceptable risk.
(3) On applying the unacceptable risk test,
the bail decision maker must refuse bail
if required to do so by section 4E.
4C Schedule 2 offences--step 1--show
compelling reason test
(1) A bail decision maker must refuse bail for
a person accused of a Schedule 2 offence
unless satisfied that a compelling reason
exists that justifies the grant of bail.
(2) The accused bears the burden of satisfying
the bail decision maker as to the existence
of a compelling reason.
(3) In considering whether a compelling reason
exists, the bail decision maker must take into
account the surrounding circumstances.
Note
The term surrounding circumstances is defined in
section 3. Also the bail decision maker is required to
take into account other matters if the accused is an
Aboriginal person or a child. See sections 3A and 3B.
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(4) If the bail decision maker is satisfied that a
compelling reason exists that justifies the
grant of bail, the bail decision maker must
then move to step 2--unacceptable risk test.
4D Schedule 2 offences--step 2--
unacceptable risk test
(1) If at step 1 (section 4C) the bail decision
maker is satisfied that a compelling reason
exists that justifies the grant of bail for a
person accused of a Schedule 2 offence,
the bail decision maker must apply the
unacceptable risk test.
(2) For the application of the unacceptable risk
test, the prosecutor bears the burden of
satisfying the bail decision maker--
(a) as to the existence of a risk of a kind
mentioned in section 4E(1)(a); and
(b) that the risk is an unacceptable risk.
(3) On applying the unacceptable risk test, the
bail decision maker must refuse bail if
required to do so by section 4E.
4E All offences--unacceptable risk test
(1) A bail decision maker must refuse bail for a
person accused of any offence if the bail
decision maker is satisfied that--
(a) there is a risk that the accused would,
if released on bail--
(i) endanger the safety or welfare of
any person; or
(ii) commit an offence while on bail;
or
(iii) interfere with a witness or
otherwise obstruct the course
of justice in any matter; or
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(iv) fail to surrender into custody in
accordance with the conditions
of bail; and
(b) the risk is an unacceptable risk.
Example
An unacceptable risk that the accused, if released on
bail, would commit a family violence offence.
(2) The prosecutor bears the burden of satisfying
the bail decision maker--
(a) as to the existence of a risk of a kind
mentioned in subsection (1)(a); and
(b) that the risk is an unacceptable risk.
(3) In considering whether a risk mentioned in
subsection (1)(a) is an unacceptable risk, the
bail decision maker must--
(a) take into account the surrounding
circumstances; and
Note
The term surrounding circumstances is
defined in section 3. Also the bail decision
maker is required to take into account other
matters if the accused is an Aboriginal person
or a child. See sections 3A and 3B.
(b) consider whether there are any
conditions of bail that may be imposed
to mitigate the risk so that it is not an
unacceptable risk.".
8 Bail undertaking
(1) After section 5(1) of the Bail Act 1977 insert--
"(1A) An accused who enters into an undertaking is
under a duty to attend court for the hearing
or trial specified in the undertaking and
surrender into custody on so attending.".
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(2) In section 5(2) of the Bail Act 1977, for
"considering the release of an accused on
bail, must consider whether to" substitute
"on granting bail, may".
9 New section 5AAAA inserted
After section 5 of the Bail Act 1977 insert--
"5AAAA Family violence risks
(1) A bail decision maker considering the
release on bail of an accused must make
inquiries of the prosecutor as to whether
there is in force--
(a) a family violence intervention order
made against the accused; or
(b) a family violence safety notice issued
against the accused; or
(c) a recognised DVO made against the
accused.
(2) A bail decision maker considering the
release on bail of an accused charged with a
family violence offence must consider--
(a) whether, if the accused were released
on bail, there would be a risk that the
accused would commit family violence;
and
(b) whether that risk could be mitigated
by--
(i) the imposition of a condition; or
(ii) the making of a family violence
intervention order.".
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10 Conduct conditions
For section 5AAA(1)(a) to (d) of the Bail
Act 1977 substitute--
"(a) endanger the safety or welfare of any person;
or
(b) commit an offence while on bail; or
(c) interfere with a witness or otherwise obstruct
the course of justice in any matter; or
(d) fail to surrender into custody in accordance
with the conditions of bail.".
11 Application for bail
After section 8(2) of the Bail Act 1977 insert--
"(3) A bail decision maker may adjourn the
hearing of a proceeding with respect to bail
for up to 4 hours if satisfied that the accused
appears to be seriously affected by alcohol
or another drug or a combination of drugs.
(4) On adjourning a hearing under subsection
(3), the bail decision maker may remand the
accused in custody until the further hearing
of the matter.
(5) Subsection (6) applies if, on the first
further hearing of a matter adjourned under
subsection (3), the bail decision maker is
satisfied that the accused still appears to be
seriously affected by alcohol or another
drug or a combination of drugs.
(6) The bail decision maker may adjourn the
hearing of the matter for one further period
of up to 4 hours and remand the accused in
custody until the next hearing of the matter.".
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12 New sections 8A and 8B inserted
After section 8 of the Bail Act 1977 insert--
"8A Refusal of bail--any offence--insufficient
information
A bail decision maker may refuse bail for a
person accused of any offence if satisfied
that it has not been practicable to obtain
sufficient information for the purpose of
deciding the matter because of the shortness
of the period since the commencement of the
proceeding for the offence.
8B Refusal of bail--offence involving serious
injury--uncertainty as to death or
recovery
(1) This section applies in relation to an
application for bail made by or on behalf of
a person accused of an offence of causing
injury to another person.
(2) A bail decision maker may refuse bail if at
the time of deciding the application it is
uncertain whether the person injured will
die or recover from the injury.".
13 Power of police officer, sheriff or authorised person
to grant or refuse bail
(1) After section 10(5) of the Bail Act 1977 insert--
"(5A) If the bail decision maker is prohibited by
section 13 from granting bail to the arrested
person, the bail decision maker must--
(a) refuse to consider whether to grant or
refuse bail; and
(b) bring the person before a court as soon
as practicable.
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(5B) Subsection (5C) applies if a bail decision
maker who is the sheriff or a person
authorised under section 84(5) of the
Infringements Act 2006 decides to grant
bail but the person refuses to enter into an
undertaking.
(5C) Despite subsection (2), the bail decision
maker may take and safely convey the
person to a bail decision maker who is a
police officer for their consideration.".
(2) For section 10(6) of the Bail Act 1977
substitute--
"(6) If bail is refused under subsection (5) and
the arrested person is not a person to whom
section 10AA applies, the bail decision
maker must--
(a) endorse on the warrant, file or other
papers relating to the arrested person or
in any register or record of persons in
custody the reasons for refusing bail;
and
(b) if it is then within ordinary court sitting
hours, cause the arrested person to be
brought before a court as soon as
practicable and advise the arrested
person that they are entitled, should
they so wish, to apply for bail when
they appear before the court; and
(c) if it is then outside ordinary court
sitting hours, advise the arrested person
that they are entitled, should they so
wish, to apply to a bail justice for bail
and--
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(i) if the arrested person wishes
to so apply for bail, cause the
arrested person to be brought
before a bail justice as soon
as practicable; or
(ii) if the arrested person does
not wish to so apply for bail,
cause the arrested person to be
brought before a court as soon
as practicable and advise the
arrested person that they are
entitled, should they so wish,
to apply for bail when they
appear before the court; and
(d) cause to be produced before the
court or bail justice a copy of
the endorsement mentioned in
paragraph (a); and
(e) give the person a written statement
setting out the provisions of this
subsection and of subsection (5).
(6A) If bail is granted but the arrested person
objects to the amount fixed for bail or any
condition of bail, the bail decision maker
must--
(a) advise the arrested person that they
are entitled, should they so wish, to
apply to a court or, if it is then outside
ordinary court sitting hours, to a bail
justice for variation of the amount of
bail or conditions of bail; and
(b) give the person a written statement
setting out the provisions of this
subsection and of subsections (5), (7)
and (8).".
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(3) For section 10(7) of the Bail Act 1977
substitute--
"(7) Subsection (8) applies if the arrested person
elects under subsection (6A) to apply for
variation of the amount of bail or conditions
of bail.
(8) The bail decision maker must cause the
arrested person to be brought before a court
as soon as practicable or, if it is then outside
ordinary court sitting hours, before a bail
justice.".
14 New section 10AA inserted
After section 10 of the Bail Act 1977 insert--
"10AA Police remand
(1) Subject to subsection (2), this section
applies to any arrested person mentioned in
section 10(1) who is accused of a Schedule 1
offence and for whom bail is refused under
section 10(5) by a bail decision maker who
is a police officer of or above the rank of
sergeant or for the time being in charge of
a police station.
(2) This section does not apply to an arrested
person who is--
(a) a child; or
(b) a vulnerable adult; or
(c) an Aboriginal person; or
(d) a person arrested on an infringement
warrant issued under the
Infringements Act 2006.
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(3) For the purposes of this section--
(a) a person may be considered to be a
vulnerable adult or an Aboriginal
person if the police officer is of the
opinion that the person is such a
person; and
(b) a police officer, in considering
whether an arrested person is an
Aboriginal person, must have regard
to any statement made by the arrested
person (whether or not in response to
a question asked by the police officer)
as to whether they are an Aboriginal
person.
(4) If bail is refused under section 10(5) for a
person to whom this section applies, the
police officer must--
(a) endorse on the warrant, file or other
papers relating to the arrested person or
in any register or record of persons in
custody the reasons for refusing bail;
and
(b) remand the person in custody to appear
before a court as soon as practicable
within the period of 48 hours after
being so remanded; and
(c) cause to be produced before the court a
copy of the endorsement mentioned in
paragraph (a); and
(d) advise the arrested person that they
are entitled, should they so wish, to
apply for bail when they appear before
the court; and
(e) give the person a written statement
setting out the provisions of this section
and of section 10(5).
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(5) The police officer must not remand the
person in custody under subsection (4)(b)
if the police officer considers that it is not
practicable for the person to be brought
before a court within the next 48 hours
(including appearing before it by audio
visual link).
(6) In the circumstances mentioned in subsection
(5) the person must be brought before a bail
justice as soon as practicable.
(7) If a person remanded in custody under
subsection (4)(b) is not brought before a
court within 48 hours after being so
remanded, the person must be brought
before a bail justice as soon as practicable
after the expiry of that period of 48 hours.".
15 Power of bail justice to grant or refuse bail
(1) In section 10A(1) of the Bail Act 1977--
(a) after "bail justice" insert ", whether as a
result of being brought before the bail
justice";
(b) for "10(7)" substitute "10(6) or (8)";
(c) after "1989" insert "or being otherwise
before the bail justice".
(2) After section 10A(2) of the Bail Act 1977
insert--
"(2A) If the person is brought before the bail
justice because a police officer, on refusing
bail for the person under section 10(5),
was of the opinion that the person was an
Aboriginal person or a vulnerable adult,
the bail justice is not required to consider
whether the person is such a person but may
rely on the opinion of the police officer.".
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(3) After section 10A(5) of the Bail Act 1977
insert--
"(5A) A bail justice who grants bail must certify on
the remand warrant--
(a) consent to the person being bailed; and
(b) the amount of any surety or sureties;
and
(c) any conditions of bail.".
(4) After section 10A(6) of the Bail Act 1977
insert--
"(7) On remanding the person in custody under
subsection (6), the bail justice must certify
on the remand warrant a statement of the
refusal of bail and of the grounds for it.".
16 Power of court to grant or refuse bail
(1) In section 12(1) of the Bail Act 1977, for "10(7)"
substitute "10(6) or (8)".
(2) After section 12(3) of the Bail Act 1977 insert--
"(3A) A court that grants bail for a person accused
of an offence must--
(a) for a Schedule 1 offence, include in
the order a statement of reasons for
granting bail; and
Note
Only a court may grant bail to a person accused
of a Schedule 1 offence. See section 13.
(b) in any case, record on the remand
warrant, file or other papers--
(i) consent to the person being bailed;
and
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(ii) the amount of any surety or
sureties; and
(iii) any conditions of bail.".
17 New section 12A inserted
After section 12 of the Bail Act 1977 insert--
"12A Statement of reasons for Schedule 2
offence
A bail decision maker who grants bail for a
person accused of a Schedule 2 offence
must--
(a) if a court, include in the order a
statement of reasons for granting bail;
or
(b) in any other case, record and transmit a
statement of reasons as required by the
regulations.".
18 New section 12B inserted
Before section 13 of the Bail Act 1977 insert--
"12B Persons subject to a summons to answer
to a charge
(1) This section applies if--
(a) a person subject to a summons to
answer to a charge for an offence is
before a court (other than the Children's
Court) on a hearing in the criminal
proceeding relating to the charge; and
(b) the hearing of the criminal proceeding
is to be adjourned.
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(2) The court may, on an application made by
the prosecutor or on its own initiative--
(a) remand the accused in custody to
appear before the court on the
resumption of the hearing; or
(b) in accordance with this Act, grant the
accused bail.
(3) Nothing in this section--
(a) affects the operation of section 331 of
the Criminal Procedure Act 2009; or
(b) prevents the court allowing the accused
to go at large, including on refusing an
application made by the prosecutor
under subsection (2).".
19 Treason, murder and other Schedule 1 offences
(1) In section 13(3) of the Bail Act 1977, for "Only"
substitute "Subject to subsections (4) and (5),
only".
(2) After section 13(3) of the Bail Act 1977 insert--
"(4) Subsection (3) does not apply to a person
who is a child, a vulnerable adult or an
Aboriginal person and who is accused of a
Schedule 1 offence if the only Schedule 1
offence of which the person is accused is
an offence that is a Schedule 1 offence
only because of item 3 of that Schedule
or (in relation to an offence referred to in
item 3) item 12 of that Schedule.
(5) Subsection (3) does not apply to a person
accused of a Schedule 1 offence if the only
Schedule 1 offence of which the person is
accused is a relevant Schedule 1 offence.
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(6) For the purposes of subsection (5), a relevant
Schedule 1 offence is an offence that--
(a) is an offence--
(i) referred to in item 1 or 30 of
Schedule 2 (and not referred to in
any other item of Schedule 2); or
(ii) in relation to an offence described
in subparagraph (i), referred to in
item 31 of Schedule 2; and
(b) is a Schedule 1 offence only because of
item 3 of Schedule 1 or (in relation to
an offence referred to in item 3 of
Schedule 1) item 12 of Schedule 1.".
20 New section 13A inserted
After section 13 of the Bail Act 1977 insert--
"13A Accused on 2 or more undertakings of bail
(1) This section applies to a person (other than
a child, a vulnerable adult or an Aboriginal
person) who is accused of a relevant
Schedule 2 offence and who is already on
2 or more undertakings of bail in relation to
other indictable offences.
(2) Only a court may grant bail to the person.
(3) For the purposes of this section, a relevant
Schedule 2 offence is any Schedule 2
offence other than--
(a) an offence referred to in item 1 of
Schedule 2 (and not referred to in
any other item of that Schedule); or
(b) an offence referred to in item 30 of
Schedule 2; or
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(c) in relation to an offence referred to in
item 1 of Schedule 2 (and not referred
to in any other item of that Schedule),
an offence referred to in item 31 of that
Schedule; or
(d) in relation to an offence referred to
in item 30 of Schedule 2, an offence
referred to in item 31 of that
Schedule.".
21 Section 18AD substituted
For section 18AD of the Bail Act 1977
substitute--
"18AD Determination of application for variation
of the amount of bail or bail conditions
On an application under section 18AC, the
bail decision maker must take into account
the surrounding circumstances and may--
(a) vary the amount of bail or conditions of
bail if it appears to the bail decision
maker that it is reasonable to do so
having regard to those circumstances;
or
(b) in any other case, dismiss the
application.
Note
Section 5 provides for the imposition of conditions of bail.".
22 Transitional provisions
At the end of section 34 of the Bail Act 1977
insert--
"(19) An amendment made to this Act by a
provision of Part 2 of the Bail Amendment
(Stage Two) Act 2018 applies to an
application made, or an appeal commenced,
under this Act on or after the commencement
26
Bail Amendment (Stage Two) Act 2018
No. of 2018
Part 2--Amendment of Bail Act 1977
of that provision, regardless of when the
offence is alleged to have been committed.".
23 Minor and consequential amendments
(1) In section 3 of the Bail Act 1977, the definition of
serious offence is repealed.
(2) In section 3C of the Bail Act 1977, for "the court"
substitute "a bail decision maker".
(3) Section 6 of the Bail Act 1977 is repealed.
(4) In sections 7(1) and 8(1)(c) of the Bail Act 1977,
for "informant or prosecutor or any person
appearing on behalf of the Crown" substitute
"prosecutor".
(5) In section 10(5A) of the Bail Act 1977, after "13"
insert "or 13A".
(6) For the note at the foot of sections 10(5)
and 10A(5) of the Bail Act 1977 substitute--
"Notes
1 Only a court may grant bail to a person accused of a
Schedule 1 offence. See section 13.
2 Section 13A imposes restrictions on who may grant
bail to certain persons accused of certain Schedule 2
offences who are already on 2 or more undertakings
of bail in relation to other indictable offences.".
(7) In section 10AA(1) of the Bail Act 1977 omit
"who is accused of a Schedule 1 offence".
(8) In section 10A(1) of the Bail Act 1977, after
"section 10(6) or (8)" insert "or 10AA(6) or (7)
of this Act".
(9) In sections 10A(2) and 12(2) of the Bail
Act 1977, after "for bail" insert "or for variation
of the amount of bail or conditions of bail".
(10) In section 12(1) of the Bail Act 1977, after
"section 10(6) or (8)" insert ", 10AA(4)".
27
Bail Amendment (Stage Two) Act 2018
No. of 2018
Part 2--Amendment of Bail Act 1977
(11) In section 13(2) of the Bail Act 1977, for
"the Magistrates' Court" substitute "a court".
(12) In item 3 of Schedule 1 to the Bail Act 1977,
for "(f)" substitute "(e)".
24 Amendments consequential on Fines Reform
Act 2014
(1) In section 10(5B) of the Bail Act 1977, for
"section 84(5) of the Infringements Act 2006"
substitute "section 115(5) of the Fines Reform
Act 2014".
(2) After section 10(6A) of the Bail Act 1977
insert--
"(6B) Subsection (6A) does not apply to a person
arrested on an enforcement warrant issued
under the Fines Reform Act 2014.".
(3) In section 10AA(2)(d) of the Bail Act 1977,
for "infringement warrant issued under
the Infringements Act 2006" substitute
"enforcement warrant issued under the Fines
Reform Act 2014".
28
Bail Amendment (Stage Two) Act 2018
No. of 2018
Part 3--Amendment of Children, Youth and Families Act 2005
Part 3--Amendment of Children,
Youth and Families Act 2005
25 Children, Youth and Families Act 2005
(1) In section 346(2) of the Children, Youth and
Families Act 2005, for "A child" substitute
"Subject to subsection (3), a child".
(2) After section 346(2) of the Children, Youth and
Families Act 2005 insert--
"(3) Subsection (2) does not apply if bail may
only be granted to a child by a court. In such
a case the child must be brought before the
Court as soon as practicable and--
(a) no later than the next working day after
being taken into custody; or
(b) if the proper venue of the Court is in a
prescribed region of the State, within
2 working days after being taken into
custody.".
(3) After section 347(1) of the Children, Youth and
Families Act 2005 insert--
"(1A) A child to whom bail may only be granted by
a court and who is detained in police custody
pending being brought before the Court must
be placed in a remand centre except as
otherwise provided by the regulations.".
29
Bail Amendment (Stage Two) Act 2018
No. of 2018
Part 4--Amendments related to the Children and Justice Legislation
Amendment (Youth Justice Reform) Act 2017
Part 4--Amendments related to the
Children and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
26 Children, Youth and Families Act 2005
(1) For section 356(9) of the Children, Youth and
Families Act 2005 substitute--
"(9) The Children's Court must hear and
determine a charge summarily if it has been
transferred to the Court under section 168 of
the Criminal Procedure Act 2009 because
of the operation of 168A of that Act.".
(2) After section 627 of the Children, Youth and
Families Act 2005 insert--
"628 Transitional provisions--Children
and Justice Legislation Amendment
(Youth Justice Reform) Act 2017
Schedule 6 has effect.".
(3) In clause 1(1) of Schedule 6 to the Children,
Youth and Families Act 2005, for "sentencing of
an offender" substitute "hearing of a charge or the
sentencing of an offender (as the case requires)".
(4) At the end of Part 8.6 of the Children, Youth and
Families Act 2005 insert--
"629 Transitional provision--Bail Amendment
(Stage Two) Act 2018
The amendment made to this Act by
section 26(1) of the Bail Amendment
(Stage Two) Act 2018 applies to the
hearing of a charge for an offence alleged
to have been committed on or after the
commencement of that section.".
30
Bail Amendment (Stage Two) Act 2018
No. of 2018
Part 4--Amendments related to the Children and Justice Legislation
Amendment (Youth Justice Reform) Act 2017
27 Criminal Procedure Act 2009
In section 333(3) of the Criminal Procedure
Act 2009, for "prosecution" substitute
"Secretary to the Department of Justice and
Regulation".
28 Bail Act 1977
In section 5A(3) of the Bail Act 1977--
(a) for "The" substitute "If the Secretary to
the Department of Justice and Regulation
objects to the accused being returned to a
youth justice centre under subsection (1),
the";
(b) for "subsection (1) if" substitute
"that subsection if".
29 Sentencing Act 1991
In section 33(1A) of the Sentencing Act 1991,
for "child" substitute "young offender".
31
Bail Amendment (Stage Two) Act 2018
No. of 2018
Part 5--Repeal of amending Act
Part 5--Repeal of amending Act
30 Repeal of amending Act
This Act is repealed on 1 October 2019.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═════════════
32
Bail Amendment (Stage Two) Act 2018
No. of 2018
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to make
further amendments to the Bail Act 1977 in relation to the grant or
refusal of bail, to empower police officers to remand in custody
certain persons who have been refused bail by a police officer, to
amend the Children, Youth and Families Act 2005, to make
amendments to certain Acts related to the Children and Justice
Legislation Amendment (Youth Justice Reform) Act 2017 and
for other purposes."
By Authority. Government Printer for the State of Victoria.
33
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