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BAIL ACT 1977 - SECT 5

Bail undertaking

    (1)     A grant of bail must require the accused to enter into a written undertaking to surrender into custody at the time and place of the hearing or trial specified in the undertaking and not to depart without leave of the court and, if leave is given, to return at the time specified by the court and again surrender into custody.

S. 5(1A) inserted by No. 3/2018 s. 8(1).

    (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.

S. 5(2) amended by No. 3/2018 s. 8(2).

    (2)     A bail decision maker, on granting bail, may release the accused—

        (a)     on their own undertaking without any other condition; or

        (b)     on their own undertaking with conduct conditions; or

        (c)     with a surety or sureties for a specified amount or a deposit of money of a specified amount, with or without conduct conditions.

    (3)     Any surety that is required must also enter into an undertaking to pay the specified amount if the accused fails to comply with the undertaking entered into by them.

Notes

1     Sections 12 and 21 of the Charter of Human Rights and Responsibilities set out a right of freedom of movement and a right to liberty and security of the person.

2     Sections 23 and 25 of the Charter of Human Rights and Responsibilities set out the rights of children in the criminal process and the rights of an adult in criminal proceedings.

3     Section 7(2) of the Charter of Human Rights and Responsibilities sets out how a human right may be limited after taking into account all relevant factors, including any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.

S. 5AAAA inserted by No. 3/2018 s. 9.



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