Victorian Current Acts

BAIL ACT 1977 - SECT 4AAA

    (1)     Despite anything to the contrary in any other provision of this Act, a bail decision maker who is deciding whether to grant bail to a person accused of an offence must not refuse bail if—

        (a)     the person is accused only of offences against the Summary Offences Act 1966 that are not referred to in Schedule 3; and

        (b)     the person does not have a terrorism record; and

        (c)     if the bail decision maker is a court, no exception under subsection (2) applies.

    (2)     An exception applies for the purposes of subsection (1)(c) if—

        (a)     the court has determined under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence; or

        (b)     the person was previously granted bail in respect of any of the offences of which the person is accused and that bail was subsequently revoked.

    (3)     A reference in this Act to a bail decision maker considering, deciding or determining whether to grant bail (however described) includes a reference to a bail decision maker who is prohibited from refusing bail by subsection (1).

Example

Section 5AAAA(1) requires a bail decision maker considering the release on bail of an accused to make inquiries of the prosecutor as to whether certain instruments are in force against the accused. Under subsection (3), the bail decision maker must make these inquires even if subsection (1) prohibits the bail decision maker from refusing bail.

    (4)     Nothing in this section limits the power of a court to revoke bail.

S. 4AA inserted by No. 32/2018 s. 84.