Victorian Current Acts

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BAIL ACT 1977 - SECT 11

Cash deposit as security for penalty

S. 11(1) amended by No. 37/2014 s. 10(Sch. item 8.3).

    (1)     Where a person is apprehended for an offence against any of the provisions of sections 13, 14, 16 and 17 of the Summary Offences Act 1966 a police officer of or above the rank of sergeant or for the time being in charge of a police station shall in addition to any power he may have to release such person on bail have power to release him on his making a deposit of such amount not exceeding $50 as the police officer thinks reasonable as security for the payment of any penalty that may be imposed as punishment for his offence.

S. 11(2) amended by No. 37/2014 s. 10(Sch. item 8.3).

    (2)     Upon releasing a person under this section the police officer shall notify him that he is required to appear before a court at a certain time and place and that if he fails to appear accordingly the charge against him may be heard in his absence and that the deposit will be appropriated to the payment or part payment of any fine that may be imposed by the court and that any surplus thereof will be paid into the Consolidated Fund but that if he appears to answer to the charge any surplus will be refunded to him.

    (3)     Notwithstanding anything to the contrary in any Act or law, where any person who is released in accordance with the provisions of this section fails to appear at the time and place notified to him the charge against him may be heard and determined in his absence and the deposit lodged by him shall be appropriated to the payment or part payment of any fine that may be imposed by the court and any surplus thereof shall be paid into the Consolidated Fund.

    (4)     Where a person who is released in accordance with the provisions of this section appears to answer to the charge against him any surplus shall be refunded to him.

S. 11(5) amended by Nos 68/2009 s. 97(Sch. item 11.10), 37/2014 s. 10(Sch. item 8.3).

    (5)     A statement in the prescribed form purporting to be signed by the police officer who released a person under this section shall be prima facie evidence that the accused was released and notified in accordance with the provisions of subsections (1) and (2).

No. 8731 s. 24.



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