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BAIL ACT 2013 - SECT 26
Bail conditions can require security to be provided
26 Bail conditions can require security to be provided
(1) A bail condition can require security to be provided for compliance with a
bail acknowledgment.
(2) For that purpose, a bail condition can include the
following requirements-- (a) that the accused person, or one or more other
acceptable persons, or both, enter into an agreement under which the person
agrees to forfeit a specified amount of money if the person granted bail fails
to appear before a court in accordance with his or her bail acknowledgment,
(b) that a specified amount of money be deposited with the bail authority (and
agreed to be forfeited under such an agreement if the person granted bail
fails to appear before a court in accordance with his or her
bail acknowledgment),
(c) that acceptable security be deposited with the
bail authority as security for the payment of the money agreed to be forfeited
under such an agreement.
(3) A requirement of a kind referred to in this
section is a
"security requirement" .
(4) A decision as to which person or persons, or
class or description of persons, is an acceptable person and what security is
acceptable security for the purposes of a security requirement is to be made
by-- (a) the bail authority imposing the bail condition, or
(b) the officer
or court to whom the bail acknowledgment is given (if no decision has been
made under paragraph (a)).
(5) A security requirement can be imposed only for
the purpose of addressing a bail concern that the accused person will fail to
appear at any proceedings for the offence.
(6) A bail authority is not to
impose a security requirement unless of the opinion that the purpose for which
the security requirement is imposed is not likely to be achieved by imposing
one or more conduct requirements.
(7) The regulations may make further
provision for security requirements and bail security agreements.
Note : Part
9 contains further provisions about security requirements.
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