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BAIL ACT 1977 - SECT 5

Conditions of bail

    (1)     A court considering the release of an accused on bail must impose a condition that the accused will surrender into custody at the time and place of the hearing or trial and then will not depart without leave of the court and, if leave is given, will return at the time specified by the court and again surrender into custody.

    (2)     A court considering the release of an accused on bail must consider the conditions for release in the following order—

        (a)     release of the accused on his or her own undertaking without any other condition;

        (b)     release of the accused on his or her own undertaking with conditions about the conduct of the accused;

        (c)     release of the accused with a surety of stated value or a deposit of money of stated amount, with or without conditions about the conduct of the accused.

S. 5(2A) inserted by No. 44/2013 s. 4.

    (2A)     Without limiting subsection (2), a court may impose all or any of the following conditions about the conduct of an accused—

        (a)     reporting to a police station;

        (b)     residing at a particular address;

        (c)     subject to subsection (2B), a curfew imposing times at which the accused must be at his or her place of residence;

        (d)     that the accused is not to contact specified persons or classes of person;

Example

Witnesses, alleged victims or co-accused.

        (e)     surrender of the accused's passport;

        (f)     geographical exclusion zones, being places or areas the accused must not visit or may only visit at specified times;

Example

Not attending a gaming venue, a venue that sells alcohol or a point of international departure.

        (g)     attendance and participation in a bail support service;

        (h)     that the accused not drive a motor vehicle or carry passengers when driving a motor vehicle;

              (i)     that the accused not consume alcohol or use a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 without lawful authorisation under that Act;

        (j)     that the accused comply with any existing intervention orders;

        (k)     any other condition that the court considers appropriate to impose in relation to the conduct of the accused.

S. 5(2B) inserted by No. 44/2013 s. 4.

    (2B)     If a court imposes a curfew on an accused as a conduct condition, the period of curfew imposed must not exceed 12 hours within a 24 hour period.

    (3)     A court considering the release of an accused on bail may only impose a condition in order to reduce the likelihood that the accused may—

        (a)     fail to attend in accordance with his or her bail and surrender into custody at the time and place of the hearing or trial; or

        (b)     commit an offence while on bail; or

        (c)     endanger the safety or welfare of members of the public; or

        (d)     interfere with witnesses or otherwise obstruct the course of justice in any matter before the court.

    (4)     If a court imposes one or more conditions, each condition and the number of conditions—

        (a)     must be no more onerous than is required to achieve the purposes of subsection (3); and

        (b)     must be reasonable, having regard to the nature of the alleged offence and the circumstances of the accused.

    (5)     If a court is considering imposing a condition that requires a deposit of money of stated amount, the court must have regard to the means of the accused in determining—

        (a)     whether to impose the condition; and

        (b)     the amount of money to be deposited.

    (6)     If a court is satisfied under subsection (5) that the accused does not have sufficient means to satisfy a condition requiring a deposit of money of stated amount, the court must consider whether any other condition would achieve the purposes of subsection (3).

    (7)     If a court is considering imposing a condition that requires a surety of stated value, the court must have regard to the means of a proposed surety in determining—

        (a)     whether to impose the condition; and

        (b)     the value of the surety.

    (8)     If a court is satisfied under subsection (7) that the accused is unable to provide a surety with sufficient means, the court must consider whether any other condition would achieve the purposes of subsection (3).

Note

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.

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.

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. 5AA inserted by No. 1/2016 s. 11.



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