Victorian Current Acts

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BAIL ACT 1977 - SECT 8

Application for bail

    (1)     In any proceedings with respect to bail—

        (a)     the court may, subject to paragraph (b), make such inquiries on oath or otherwise of and concerning the accused as the court considers desirable;

S. 8(1)(b) amended by No. 68/2009 s. 97(Sch. item 11.1).

        (b)     the accused shall not be examined or cross‑examined by the court or any other person as to the offence with which he is charged and no inquiry shall be made of him as to that offence;

        (c)     the informant or prosecutor or any person appearing on behalf of the Crown may, in addition to any other relevant evidence, submit evidence, whether by affidavit or otherwise—

              (i)     to prove that the accused has previously been convicted of a criminal offence;

              (ii)     to prove that the accused has been charged with and is awaiting trial on another criminal offence;

              (iii)     to prove that the accused has previously failed to surrender himself into custody in answer to bail; or

              (iv)     to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;

S. 8(1)(d) amended by No. 35/1996 s. 453(Sch. 1 item 8.1).

        (d)     the court may take into consideration any relevant matters agreed upon by the informant or prosecutor and the accused or his or her legal practitioner; and

        (e)     the court may receive and take into account any evidence which it considers credible or trustworthy in the circumstances.

S. 8(2) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 4).

    (2)     Nothing in subsection (1)(a) prevents the application of Part 3.10 of the Evidence Act 2008 .

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