Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

BAIL ACT 1977 - SECT 10

Power of police officer, sheriff or authorised person to grant or refuse bail

    (1)     This section applies if a person is arrested and it is not practicable to bring the person before a court immediately after the person is taken into custody or, if questioning or investigation under section 464A(2) of the  Crimes Act 1958 has commenced, immediately on the expiration of the reasonable time referred to in section 464A(1) of that Act.

S. 10(2) amended by No. 26/2017 s. 15(3).

    (2)     A police officer of or above the rank of sergeant or for the time being in charge of a police station, the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 (as the case requires) must, without delay, consider whether to grant bail to the person in accordance with this Act.

    (3)     If the person is a child, the bail decision maker must ensure that a parent or guardian of the child, or an independent person, is present during the proceeding in relation to bail.

Note

See also section 5AA (conditions of bail granted to a child in certain circumstances).

    (4)     An independent person present in accordance with subsection (3) may take steps to facilitate the granting of bail, for example, by arranging accommodation.

S. 10(5) amended by No. 26/2017 s. 15(3).

    (5)     The police officer, the sheriff or person authorised under section 115(5) of the Fines Reform Act 2014 , in accordance with this Act, may grant or refuse bail.

Note

Section 13 imposes restrictions on who may grant bail to a person accused of treason or murder.

    (6)     If bail is refused under subsection (5), the bail decision maker must—

        (a)     advise the arrested person that they are entitled, should they so desire, to apply for bail to a court or, if it is then outside ordinary court sitting hours, to a bail justice; or

        (b)     give the person a written statement setting out the provisions of this subsection.

    (7)     If the arrested person elects under subsection (6) to apply for bail, the arrested person must be brought before a court as soon as practicable or, if it is then outside ordinary court sitting hours, before a bail justice.

S. 10A inserted by No. 26/2017 s. 8.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback