Victorian Current Acts

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BAIL ACT 1977 - SECT 23

Surety may apply for discharge

S. 23(1) amended by Nos 9158 s. 5, 68/2009 s. 97(Sch. item 11.25).

    (1)     Any of the sureties for the attendance of an accused released on bail may at any time apply to the court to which the accused would be required to surrender himself under the conditions of the bail to discharge the applicant from his liability with respect to the undertaking.

S. 23(2) amended by No. 68/2009 s. 97(Sch. item 11.25(c)).

    (2)     On an application being made under subsection (1) the court shall issue a warrant for apprehending the accused and bringing him before the court.

S. 23(3) amended by No. 68/2009 s. 97(Sch. item 11.25 (a)(c)).

    (3)     On the attendance of the accused before the court the court may direct the applicant to be discharged from his liability with respect to the undertaking.

S. 23(4) amended by Nos 68/2009 s. 97(Sch. item 11.25(a)(c)), 70/2010 s. 21.

    (4)     If the court discharges a surety from his liability with respect to an undertaking of bail the court shall require the accused to find another surety or other security for his attendance and may remand him in custody until a further surety or security is provided.

No. 8731 s. 40.



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