{"id":"a-1992-8","name":"Bail Act 1992","slug":"bail-act-1992","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23096,"registerId":"act-a-1992-8-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Bail Act 1992.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘bail order, for part 4 (Grant of\nbail)—see section 19 (1).’ means that the term ‘bail order’ is defined in\nthat section for part 4.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act applies to children","content":"4 Act applies to children\nThis Act applies to a person whether or not the person is an adult.\n\nDivision 2.1 When bail may be granted and rights following\nDivision 2.1 When bail may be granted and rights\nfollowing\n5 When may bail be granted?\n(1) An accused person may be granted bail in relation to any period when\nthe person is not required to attend court in relation to the offence\nwith which the person has been charged.\n(2) However, an accused person who is in custody in relation to an\noffence must not be granted bail in relation to any period when—\n(a) the person is in custody for another offence or reason in relation\nto which the person is not entitled to be granted bail; or\n(b) the person is serving a sentence of imprisonment.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Rights following grant of bail","content":"6 Rights following grant of bail\n(a) bail is granted to an accused person in relation to an offence; and\n(b) the person gives an undertaking to appear; and\n(c) if a bail condition mentioned in section 25 (1) (b) (ii) or (c) is\nimposed—the security is given or the deposit made.\n(2) The person is entitled—\n(a) if the person is in custody—to be released from custody; and\n(b) to remain at liberty in relation to the offence until required to\nappear before a court in accordance with the undertaking.\n(3) This section is subject to section 56A (Arrest for failure to comply\nwith bail condition).\n\nPresumption for bail Division 2.2\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Div 2.2 subject to div 2.3 and div 2.4","content":"7 Div 2.2 subject to div 2.3 and div 2.4\nThis division is subject to division 2.3 (No presumption for bail) and\ndivision 2.4 (Presumption against bail).\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Entitlement to bail—certain minor offences etc","content":"8 Entitlement to bail—certain minor offences etc\n(1) This section applies to—\n(a) a person charged with an offence not punishable by\nimprisonment (except in default of payment of a fine); and\n(b) a person charged with an offence punishable by imprisonment\nfor not longer than 6 months; and\n(c) a person arrested for a breach of the peace or apprehended\nbreach of the peace; and\n(d) a person arrested under a warrant because of failure to comply\nwith a summons or subpoena; and\n(e) a person brought up to attend a trial or hearing following the\nissue of a habeas corpus order.\n(2) The person is entitled—\n(a) to be granted bail; and\n(b) if the person is in custody—to be released from custody as soon\nas the person gives an undertaking to appear.\n(3) However, if no further appearance is required for a person arrested\nfor a breach of the peace or an apprehended breach of the peace, the\nperson may be released from custody without giving an undertaking\nto appear.\n\n(4) A condition to keep the peace may be imposed on a grant of bail to a\nperson arrested for a breach of the peace or an apprehended breach of\nthe peace.\nNote For other conditions that may be imposed on a grant of bail, see s 25 and\ns 26.\n","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"Entitlement to bail—breach of sentence obligations","content":"8A Entitlement to bail—breach of sentence obligations\n(1) This section applies to a person arrested, or otherwise brought before\nthe court or a magistrate, in relation to a breach, or anticipated breach,\nof—\n(a) a deferred sentence obligation under the Crimes (Sentencing)\nAct 2005; or\n(b) a treatment order obligation under the Crimes (Sentencing)\nAct 2005; or\n(c) any of the following obligations under the Crimes (Sentence\nAdministration) Act 2005:\n(i) an intensive correction order obligation;\n(ii) a good behaviour obligation;\n(iii) a parole obligation;\n(iv) a release on licence obligation.\n\nPresumption for bail Division 2.2\n(2) The person has the same entitlement to bail in relation to the breach,\nor anticipated breach, of the obligation as the person has under this\npart in relation to the offence to which the obligation relates.\nExample—bail entitlement\nJoe has been found guilty of threatening to kill. Joe had, 3 years before, been found\nguilty of an offence involving violence. A suspended sentence order under the\nCrimes (Sentencing) Act 2005 is made as part of the sentence for the offence of\nthreatening to kill and Joe is released under the order on signing an undertaking\nunder a good behaviour order. However, Joe breaches the good behaviour order\nand is before the court on an application to cancel the order. There is no\npresumption in relation to bail because section 9B (b) applies to make the offence\nof threatening to kill an offence to which division 2.2 (Presumption for bail) does\nnot apply.\n","sortOrder":8},{"sectionNumber":"8B","sectionType":"section","heading":"Entitlement to bail—custody relating to sentence","content":"8B Entitlement to bail—custody relating to sentence\nadministration board hearings\n(a) a person is arrested under the Crimes (Sentence Administration)\nAct 2005, section 206 (Arrest of offender for board hearing) and\nbrought before a magistrate; or\n(b) a person is remanded in custody under the Crimes (Sentence\nAdministration) Act 2005, section 210 (Custody of offender\nduring board hearing adjournment) and an application for bail\nfor the person is made to a court or magistrate.\n(2) The person has the same entitlement to bail as the person had for the\noffence to which the board hearing relates.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Limitations on entitlement to bail","content":"9 Limitations on entitlement to bail\n(1) A person charged with an offence mentioned in section 8 (1) (a) or\n(b) is not entitled to be granted bail if—\n(a) the person has previously failed to comply with an undertaking\nto appear, or a bail condition imposed, in relation to the same or\na similar offence; or\n(b) in the opinion of the court or authorised officer, the person is\nincapacitated by intoxication, injury or use of drugs or is\notherwise in danger of physical injury or in need of physical\nprotection.\n(2) A person arrested for a breach of the peace or apprehended breach of\nthe peace is not entitled to be granted bail if the person has previously,\nwithout reasonable excuse, failed to comply with an undertaking to\nappear, or a bail condition imposed, in relation to a breach of the\npeace or apprehended breach of the peace.\n","sortOrder":10},{"sectionNumber":"9A","sectionType":"section","heading":"Entitlement to bail—offences other than minor offences","content":"9A Entitlement to bail—offences other than minor offences\n(1) This section applies to—\n(a) a person in relation to an offence other than an offence\nmentioned in section 8 (1) (a) or (b) (Entitlement to bail—\ncertain minor offences etc); and\n(b) a person who is not entitled to bail under section 8 (2) because\nof section 9 (1) or (2).\n(2) The person is entitled to be granted bail unless the court or authorised\nofficer is satisfied that refusal is justified after considering—\n\nNo presumption for bail Division 2.3\nDivision 2.3 No presumption for bail\n9B Div 2.2 not to apply to certain offences\nDivision 2.2 (Presumption for bail) does not apply to the grant of\nbail—\n(a) to a person accused of an offence mentioned in schedule 1\n(Offences to which presumption for bail does not apply); or\n(b) to a person accused of any of the following offences, if the\nperson has in the previous 10 years been found guilty of an\noffence involving violence or the threat of violence:\n(i) an offence against the Crimes Act 1900, section 30 (Threat\nto kill);\n(ii) an offence against the Crimes Act 1900, section 31 (Threat\nto inflict grievous bodily harm);\n(iii) an offence against the Crimes Act 1900, section 35\n(Stalking);\n(iv) an offence against the Domestic Violence and Protection\nOrders Act 2008 (repealed), section 90 (Offence for\ncontravention of protection order);\n(v) an offence against the Family Violence Act 2016,\nsection 43 (Offence—contravention of family violence\norder);\n(vi) an offence against the Personal Violence Act 2016,\nsection 35 (Offence—contravention of protection order);\nor\n(c) to a person accused of an offence against the Commonwealth\nCriminal Code, section 80.1 (Treason); or\n\n(d) to a person accused of an offence against the Road Transport\n(Safety and Traffic Management) Act 1999, section 7 (Furious,\nreckless or dangerous driving) that is an aggravated offence\nunder that Act, section 7A (1) (b) (which is about repeat\noffenders); or\n(e) to a person convicted of an indictable offence but not sentenced.\n","sortOrder":11},{"sectionNumber":"9C","sectionType":"section","heading":"Bail for murder and certain serious drug offences","content":"9C Bail for murder and certain serious drug offences\n(1) This section applies to a person accused of—\n(a) murder; or\n(b) an offence against any of the following provisions of the\nCriminal Code, chapter 6 (Serious drug offences):\n(i) section 603 (1) (which is about trafficking in a large\ncommercial quantity of a controlled drug);\n(ii) section 607 (1) (which is about manufacturing a large\ncommercial quantity of a controlled drug for selling);\n(iii) section 616 (1) (which is about cultivating a large\ncommercial quantity of a controlled plant for selling);\n(iv) section 619 (1) (which is about selling a large commercial\nquantity of a controlled plant);\n(v) section 622 (1) (which is about supplying etc a commercial\nquantity of a controlled drug to a child for selling);\n(vi) section 624 (1) (which is about procuring a child to traffic\nin a commercial quantity of a controlled drug).\nNote A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\n\n(2) A court or authorised officer must not grant bail to the person unless\nsatisfied that special or exceptional circumstances exist favouring the\ngrant of bail.\n(3) However, even if special or exceptional circumstances are\nestablished, the court or officer must refuse bail if satisfied that\nrefusal is justified after considering—\n","sortOrder":12},{"sectionNumber":"9D","sectionType":"section","heading":"Bail for serious offence committed while charge for","content":"9D Bail for serious offence committed while charge for\nanother pending or outstanding\n(a) a person is accused of a serious offence; and\n(b) the person is alleged to have committed the offence while a\ncharge against the person for another serious offence is pending\nor outstanding.\nExample\nClaude is served with a summons to attend the Magistrates Court to answer a charge\nthat he has committed the offence of taking a motor vehicle without consent\n(punishable by 5 years imprisonment under the Criminal Code, section 318 (1), and\nso a serious offence for this section). Before the court date, Claude is arrested and\ncharged with having committed an aggravated robbery the day after being served\nwith the summons (punishable by 25 years imprisonment under the Criminal Code,\nsection 310, and so also a serious offence for this section). At the time of the alleged\naggravated robbery, the charge of taking a motor vehicle without consent was still\npending. This section will apply to any decision about the grant of bail to Claude in\nrelation to the aggravated robbery charge.\n(2) A court or an authorised officer must not grant bail to the accused\nperson unless satisfied that special or exceptional circumstances exist\nfavouring the grant of bail.\n\n(3) However, even if special or exceptional circumstances are\nestablished, the court or officer must refuse bail if satisfied that\nrefusal is justified after considering—\n(4) Also, if the serious offence mentioned in subsection (1) (a) or (b) is a\nfamily violence offence, an authorised officer must not grant bail to\nthe accused person if satisfied that refusal of bail is required under\nsection 9F (Family violence offence—bail by authorised officer).\n(5) This section does not affect the application of section 9F (4) and (5)\nto the accused person if—\n(a) the serious offence mentioned in subsection (1) (a) or (b) is a\nfamily violence offence; and\n(b) an authorised officer grants bail to the accused person.\noutstanding—a charge against a person for an offence is\noutstanding—\n(a) until the charge is finally dealt with in any of the following\nways:\n(i) the charge is withdrawn;\n(ii) the charge is dismissed by a court;\n(iii) the person is discharged by the Magistrates Court\nfollowing a committal hearing;\n(iv) the person is acquitted or found guilty by a court of the\n\n(b) if the person is acquitted or found guilty by a court of the offence\ncharged, but a new trial on the charge (or a charge based on the\nsame facts) is later ordered on appeal—from the date the new\ntrial is ordered until the earliest of the following happens—\n(i) the charge (or a charge based on the same facts) is finally\ndealt with as mentioned in paragraph (a) (i), (ii) or (iv);\n(ii) the order for the new trial is reversed on a further appeal.\nNote Found guilty, of an offence, includes—\n• having an order made for the offence under the Crimes (Sentencing)\nAct 2005, s 17 (Non-conviction orders—general)\n• having the offence taken into account under the Crimes (Sentencing)\nAct 2005, s 57 (Outstanding additional offences taken into account\nin sentencing)\n(see Legislation Act, dict, pt 1).\npending—a charge against a person for a serious offence is pending\nif the person has not yet been charged with the offence, but the person\nhas—\n(a) been arrested for the offence (unless the person is later released\nwithout being charged with a serious offence); or\n(b) been served with a summons to appear before a court to answer\na charge for the offence; or\n(c) at the invitation of a police officer, signed an agreement to attend\ncourt to answer a charge for the offence.\nserious offence means an offence punishable by imprisonment for\n5 years or longer (other than an offence in relation to which an\nelection for summary disposal has been made under the Crimes\nAct 1900, section 374 (Summary disposal of certain cases at\nprosecutor’s election)).\n\n","sortOrder":13},{"sectionNumber":"9E","sectionType":"section","heading":"Bail for person sentenced to imprisonment","content":"9E Bail for person sentenced to imprisonment\n(a) a person has been convicted of an offence by a court and\nsentenced to a period of imprisonment for the offence; and\n(b) an appeal is pending in relation to the conviction or sentence.\n(2) A court must not grant bail to the person unless satisfied that special\nor exceptional circumstances exist favouring the grant of bail.\nappeal includes an appeal against a decision on appeal.\n","sortOrder":14},{"sectionNumber":"9F","sectionType":"section","heading":"Family violence offence—bail by authorised officer","content":"9F Family violence offence—bail by authorised officer\n(1) This section applies to a person accused of a family violence offence.\n(2) An authorised officer must not grant bail to the person unless satisfied\nthat the person poses no danger to a protected person while released\non bail.\n(3) However, even if the authorised officer is satisfied under\nsubsection (2), the officer must refuse bail if satisfied that the refusal\nis justified after considering—\n(4) Also, the person must not be released on bail under this section unless\nthe person gives an undertaking to appear within 48 hours of being\nreleased.\n(5) If the authorised officer grants bail to the person under this section,\nthe officer must, in the record made under section 27 (Recording of\ncertain bail decisions), state why the officer is satisfied that the person\nposes no danger to any protected person.\n\nfamily member, in relation to a person accused of a family violence\noffence—see the Family Violence Act 2016, section 9.\nprotected person, in relation to a person accused of a family violence\noffence—\n(a) means a person against whom the alleged conduct making up\nthe offence was directed; and\n(b) includes any other family member in relation to the accused\n","sortOrder":15},{"sectionNumber":"9G","sectionType":"section","heading":"Special or exceptional circumstances","content":"9G Special or exceptional circumstances\n(1) This section applies if a court or authorised officer is required under\nthis part to be satisfied of the existence of special or exceptional\ncircumstances favouring the grant of bail to a person.\n(2) A circumstance that would be an applicable bail criteria for the person\nis not a special or exceptional circumstance only because it is an\napplicable bail criteria.\n(3) Also, the court or authorised officer must consider the applicable bail\ncriteria for the person only after the court or authorised officer is\nsatisfied of the existence of the special or exceptional circumstances.\nExamples for s (3)\n1 Damien is before the court charged with having committed an aggravated\nrobbery. He has earlier been charged with having committed aggravated\nrobbery. Section 9D applies and there is a presumption against bail unless\nthere are special or exceptional circumstances. Damien argues that there are\nspecial circumstances as he needs to support his child, he may lose his job and\nhe may lose an opportunity to take up public housing. The court considers that\nthe circumstances are not special or exceptional. Bail is not granted and the\ncriteria in section 22 are not considered.\n\n2 Jason is facing similar charges. Jason has had a car accident before his arrest\nfor the second offence. His kidneys are damaged requiring dialysis every\n3 days. Jason argues that his need for regular treatment and his reduced\nmobility mean that he is highly unlikely to abscond. The court considers these\ncircumstances are special or exceptional. The court then considers the criteria\nin section 22 in deciding whether to grant bail.\n\nDispensing with bail Part 3\n","sortOrder":16},{"sectionNumber":"10","sectionType":"section","heading":"Dispensing with bail","content":"10 Dispensing with bail\n(1) A court that may grant bail to an accused person may instead dispense\nwith the requirement for bail.\n(2) In deciding whether to release an accused person from custody\nwithout requiring bail, a court may have regard to any information\nthat appears to the court to be relevant and reliable.\n(3) If, during an appearance by an accused person before a court, no\nspecific order or direction is made by the court in relation to bail, the\ncourt is taken to have dispensed with the requirement for bail.\n(4) Subsection (3) does not apply if, under section 33 (3), the court is\ntaken to have continued bail.\n(5) A court must not dispense with the requirement for bail for an accused\nperson to whom either of the following sections apply unless satisfied\nthat special or exceptional circumstances exist justifying dispensing\nwith the requirement:\n(a) section 9D (Bail for serious offence committed while charge for\nanother pending or outstanding);\n(b) section 9E (Bail for person sentenced to imprisonment).\n","sortOrder":17},{"sectionNumber":"11","sectionType":"section","heading":"Effect of dispensing with bail","content":"11 Effect of dispensing with bail\n(1) While the requirement for bail is dispensed with under this Act in\nrelation to a person accused of an offence, the person is entitled to be\nand to remain at liberty in relation to the offence until the person is\nrequired to appear before a court in relation to the offence.\n(2) Subsection (1) does not apply to an accused person while the person\nis in custody for another offence or reason in relation to which the\nperson is not entitled to be at liberty, whether under this Act or\notherwise.\n\n","sortOrder":18},{"sectionNumber":"12","sectionType":"section","heading":"Decision to dispense with bail","content":"12 Decision to dispense with bail\nFor part 6, if a court dispenses with the requirement for bail, the court\nis taken to have made a decision in relation to bail.\n\n","sortOrder":19},{"sectionNumber":"12A","sectionType":"section","heading":"Meaning of bail order and bail review application—pt 4","content":"12A Meaning of bail order and bail review application—pt 4\nIn this part:\nbail order—see section 19 (1).\nbail review application means an application in relation to bail made\nunder section 41 (Right of review of bail decisions).\n","sortOrder":20},{"sectionNumber":"12B","sectionType":"section","heading":"When is a proceeding before the Supreme Court?—pt 4","content":"12B When is a proceeding before the Supreme Court?—pt 4\nFor this part, a proceeding for an offence is before the Supreme Court\nif the court has jurisdiction in the proceeding because the accused\nperson to whom the proceeding relates—\n(a) has been committed to the court for trial or sentence; or\n(b) is an accused in a prosecution on indictment instituted by the\ndirector of public prosecutions under the Director of Public\nProsecutions Act 1990, section 7; or\n(c) has lodged an appeal to the court against a conviction, order or\nsentence imposed on the person by the Magistrates Court.\n","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Deciding bail after charge laid","content":"13 Deciding bail after charge laid\n(1) If—\n(a) a person who has been taken into custody by a police officer is\ncharged with an offence but is not to be brought before a court\nimmediately after being charged; or\n(b) it is not practicable to bring immediately before a court a person\narrested under a warrant (being a warrant which does not\nexpressly preclude the granting of bail) issued under the\nMagistrates Court Act 1930, section 42 (2) (Issue of warrant and\nsummons) in relation to an offence punishable by a fine or by\nimprisonment for a period not exceeding 2 years;\n\nthe police officer who charges or arrests the person—\n(c) must tell the person that the person may—\n(i) apply for bail; and\n(ii) communicate with a lawyer of the person’s choice in\nrelation to the making of an application for bail; and\n(iii) if the person cannot speak or understand the English\nlanguage—have recourse to the services of a competent\ninterpreter; and\n(iv) communicate with someone else of the person’s choice\nwho may reasonably be expected to assist the person in\nrelation to the provision of bail; and\nif the person asks for facilities to do so, must provide the person\nwith reasonable facilities to enable the person to communicate\nwith a lawyer, an interpreter or someone else; and\n(d) must tell the person about—\n(i) the applicable bail criteria; and\n(ii) the conditions subject to which the person may be released\non bail; and\n(e) if the person applies for bail—\n(i) if the police officer is authorised to grant bail to the\nperson—must consider whether the person should be\ngranted bail; or\n(ii) in any other case—must bring the person before an\nauthorised officer.\n(2) If a person is brought before an authorised officer under\nsubsection (1) (e) (ii), the authorised officer must consider whether\nthe person should be granted bail.\n\n(3) If, before subsection (1) has been fully complied with in relation to\nan accused person, an authorised officer is satisfied that it is\nappropriate to release the person on bail subject only to the person\ngiving an undertaking to appear, the authorised officer may so release\nthe person.\n(4) A police officer who charges or arrests a person need not comply with\nsubsection (1) (c) (ii), (iii) or (iv) if the police officer believes on\nreasonable grounds that non-compliance is necessary to prevent—\n(a) the escape of an accomplice of the accused person; or\n(b) the loss, destruction or falsification of evidence relating to the\n(5) If a police officer who charges or arrests a person does not comply\nwith subsection (1) (c) (ii), (iii) or (iv) for a reason mentioned in\nsubsection (4), the police officer must record the reason.\n","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Grant of bail by authorised officers","content":"14 Grant of bail by authorised officers\n(1) Subject to subsection (2), an authorised officer may grant bail in\naccordance with this Act to an accused person who is present at a\npolice station.\n(2) An authorised officer must not grant bail to a person accused of an\noffence if—\n(a) a decision about bail in relation to the offence has been made by\na court; or\n(b) the offence is a family violence offence of murder.\nNote A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\n\n","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Deciding of questions of bail by authorised officers","content":"15 Deciding of questions of bail by authorised officers\n(1) An authorised officer who is required to consider whether to grant\nbail to an accused person must as soon as reasonably practicable—\n(a) give—\n(i) the accused person or a lawyer representing the accused\nperson; and\n(ii) any police officer involved in the investigation of the\noffence with which the accused person is charged;\nan opportunity to make submissions to the authorised officer\nabout the conditions to which any grant of bail to the accused\nperson should be made subject; and\n(b) having regard to those submissions, to the applicable bail criteria\nand to any other available information that the authorised officer\nconsiders relevant and reliable, decide whether the person\nshould be granted bail.\n(2) If the authorised officer is satisfied, having regard to the applicable\nbail criteria, that—\n(a) it is appropriate to release the person on the person giving an\nundertaking to appear; and\n(b) it is not necessary to impose a bail condition;\nthe authorised officer must release the person on the person giving\nthat undertaking.\n(3) If the authorised officer is satisfied, having regard to the applicable\nbail criteria, that it is not appropriate to grant bail to the accused\nperson without imposing a condition, the authorised officer must,\nhaving regard to—\n(a) the conditions that may be imposed in granting bail to a person;\nand\n\n(b) the extent to which the imposition of 1 or more bail conditions\nwould be appropriate having regard to the matters mentioned in\nwhichever of section 9F (2), section 22 or section 23 applies to\nthe making of a decision regarding the granting of bail to the\naccused person;\ndecide whether to grant bail to the accused person.\n","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Notification of decision of authorised officer","content":"16 Notification of decision of authorised officer\n(1) If an authorised officer decides—\n(a) to refuse to grant bail to an accused person; or\n(b) to grant bail to an accused person subject to 1 or more bail\nconditions;\nthe authorised officer must inform the accused person—\n(c) of his or her decision; and\n(d) the right of the accused person to request a review of the\ndecision under section 38; and\n(e) if bail is refused—that the person is entitled to communicate\nwith a lawyer; and\n(f) if the person would be granted bail subject to 1 or more bail\nconditions and that bail condition, or those bail conditions, are\nsuch that the person is unable or unwilling to comply, or to\narrange for compliance, with them—that the person is entitled\nto communicate with a lawyer.\n(2) An authorised officer must, on being requested to do so by an accused\nperson in relation to whom the authorised officer has made a decision\nof the kind referred to in subsection (1) (a) or (b), provide the person\nwith reasonable facilities to communicate with a lawyer.\n\n(3) An authorised officer who refuses to grant bail to an accused person\nneed not comply with subsection (1) (e) or (f) and subsection (2) if\nthe authorised officer believes on reasonable grounds that\nnon-compliance is necessary to prevent—\n(a) the escape of an accomplice of the accused person; or\n(b) the loss, destruction or falsification of evidence relating to the\n(4) If an authorised officer does not comply with subsection (1) (e) or (f)\nand subsection (2) for a reason mentioned in subsection (3), the\nauthorised officer must record the reason.\n(5) If an authorised officer decides to grant bail to an accused person, or\nis notified that bail has been granted to an accused person, in relation\nto a family violence offence, the officer must take reasonable steps to\ntell each protected person, as soon as practicable, about the decision\nand, if the accused person is granted bail subject to a bail condition,\nabout the condition.\n(6) If an authorised officer decides not to grant bail to an accused person\nin relation to a family violence offence, the officer must tell each\nprotected person about the decision.\n(7) In this section:\nprotected person, in relation to a family violence offence, means—\n(a) if the conduct making up the offence was directed at a child—a\nperson with parental responsibility for the child; or\n(b) if the conduct making up the offence was directed at someone\nelse—the person at whom the conduct was directed.\n\n","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Charged people in custody to be brought before court","content":"17 Charged people in custody to be brought before court\n(1) This section applies to an accused person who—\n(a) has been taken into custody and charged with an offence; and\n(b) is refused bail by an authorised officer or is not released on bail\ngranted by an authorised officer.\n(2) The accused person must be brought before a court as soon as\npracticable and, in any case—\n(a) within 48 hours after being taken into custody\n(the 48-hour period); or\n(b) within 96 hours after being taken into custody if, within the\n48-hour period, a police officer gives the court a certificate—\n(i) from a doctor who is an employee or contractor of a\nhospital; and\n(ii) that states the accused person is an inpatient of the hospital\nand unfit to be brought before the court within the 48-hour\nperiod.\n","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Facilities to be provided to accused people","content":"18 Facilities to be provided to accused people\n(1) If an accused person in police custody is to be brought, for the first\ntime in relation to the offence, before a court more than 4 hours after\nthe person came into custody—\n(a) the police officer for the time being in charge of the police\nstation where the person is in custody; or\n(b) if the person is not in custody at a police station—the police\nofficer who has custody of the person;\nmust, if it is reasonably practicable to do so, provide the person with,\nand allow the person to use—\n(c) facilities to enable the accused person to wash, shower or bathe\nand (if appropriate) to shave; and\n\n(d) facilities to enable the accused person to change his or her\nclothing.\n(2) Nothing in subsection (1) requires a police officer, the Territory or\nthe Commonwealth to provide clothing for the accused person unless\nthe clothing is brought to the police station or other place where the\naccused person is in custody by a member of the accused person’s\nfamily or some other person.\n","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Court bail—general","content":"19 Court bail—general\n(1) A court may, in accordance with this part, make any of the following\norders in relation to bail (a bail order):\n(a) an order granting bail to an accused person who is being held in\ncustody in relation to an offence with which the person has been\ncharged;\n(b) an order enlarging, varying or revoking bail granted to the\n(2) In deciding whether to make a bail order in relation to an accused\nperson, a court may have regard to any information it considers\nrelevant and reliable.\n(3) This Act does not limit the number of applications in relation to bail\nthat an accused person may make to a court in accordance with this\nAct.\n(4) A court must deal with an application in relation to bail as soon as\nreasonably practicable.\n(5) However, a court may decide not to hear an application in relation to\nbail if the application is frivolous or vexatious.\n\n","sortOrder":28},{"sectionNumber":"19A","sectionType":"section","heading":"Court bail—person required by summons to appear","content":"19A Court bail—person required by summons to appear\n(1) This section applies if, at any time—\n(a) an accused person appears before a court to answer a summons;\nand\n(b) the person is not already in custody; and\n(c) either—\n(i) the person was served with the summons while serving a\nsentence of imprisonment; or\n(ii) the court is satisfied, on fresh evidence or information that\nwas unavailable when the person was served, that a\nrelevant risk applies in the proceeding; and\n(d) the court adjourns or postpones the hearing of the proceeding\nbegun by the summons.\n(2) The accused person is, on appearing before the court, taken to be in\nthe custody of the court but only for the purpose of—\n(a) making an order granting bail to the person; and\n(b) applying provisions under this Act in relation to the grant of bail.\nExamples—provisions in relation to the grant of bail\n• s 24 (Conditions of bail)\n• s 28 (Undertakings to appear)\nappears includes appears by audio link or audiovisual link.\naudio link—see the Evidence (Miscellaneous Provisions) Act 1991,\nsection 16 (1).\naudiovisual link—see the Evidence (Miscellaneous Provisions)\nAct 1991, dictionary.\n\nrelevant risk, in a proceeding, means a substantial risk the accused\nperson in the proceeding will—\n(a) fail to appear in court in relation to the offence; or\n(b) commit another offence; or\n(c) interfere with evidence in the proceeding; or\n(d) harass or interfere with a person who may be required to give\nevidence in the proceeding in relation to the offence.\nsummons includes a court attendance notice under the Magistrates\nCourt Act 1930, section 41B.\n","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Power in relation to bail—Magistrates Court","content":"20 Power in relation to bail—Magistrates Court\n(1) The Magistrates Court has power to make a bail order in relation to\nan accused person only if a proceeding for an offence with which the\nperson is charged—\n(a) is, or is about to be brought, before the Magistrates Court; or\n(b) is before the Supreme Court, and the following apply:\n(i) the Magistrates Court or the Supreme Court has granted\nbail to the person in the proceeding;\n(ii) the person is in custody because the person has been\narrested under section 56A (Arrest for failure to comply\nwith bail condition) and has not been brought before the\nSupreme Court in relation to the reason for the arrest;\n(iii) the day on which the application for bail is made is not a\nSupreme Court sitting day, and is a day on which a\nmagistrate is sitting in relation to another proceeding\nbefore the Magistrates Court.\n(2) In this section:\nSupreme Court sitting day means a day other than a Saturday,\na Sunday or a public holiday.\n\n","sortOrder":30},{"sectionNumber":"20A","sectionType":"section","heading":"Repeat application for bail—Magistrates Court","content":"20A Repeat application for bail—Magistrates Court\n(1) This section applies to an application for bail (other than a bail review\napplication) by an accused person in a proceeding if—\n(a) the proceeding is one in which the Magistrates Court has power\nto make a bail order under section 20 (1) (a); and\n(b) the accused person has made 2 applications in the Magistrates\nCourt for bail in the proceeding.\n(2) The court may only consider a third or subsequent application for bail\nby the person in the proceeding if the court is satisfied—\n(a) that since the last application for bail there has been a change in\ncircumstances relevant to the granting of bail; or\n(b) that there is fresh evidence or information of relevance to the\ngranting of bail that was unavailable at the last application for\nbail.\n","sortOrder":31},{"sectionNumber":"20B","sectionType":"section","heading":"Power in relation to bail—Supreme Court","content":"20B Power in relation to bail—Supreme Court\nThe Supreme Court has power to make a bail order in relation to an\naccused person only if—\n(a) a proceeding for an offence with which the person is charged is\nbefore the Supreme Court; or\n(b) if the proceeding is not before the Supreme Court—section 43\n(Power of Supreme Court to review—decision of authorised\nofficer) or section 43A (Power of Supreme Court to review—\ndecision of Magistrates Court or Supreme Court) apply.\n","sortOrder":32},{"sectionNumber":"20C","sectionType":"section","heading":"Repeat application for bail—Supreme Court","content":"20C Repeat application for bail—Supreme Court\n(1) This section applies to an application for bail (other than a bail review\napplication) by an accused person in a proceeding if—\n(a) the proceeding is one in which the Supreme Court has power to\nmake a bail order under section 20B (a); and\n\n(b) the accused person has—\n(i) made 2 or more applications for bail in the Magistrates\nCourt when the proceeding was before that court; or\n(ii) if subparagraph (i) does not apply—made 1 application in\nthe Supreme Court for bail in the proceeding.\n(2) The court may only consider a further application for bail (other than\na bail review application) by the person in the proceeding if the court\nis satisfied—\n(a) that since the last application for bail there has been a change in\ncircumstances relevant to the granting of bail; or\n(b) that there is fresh evidence or information of relevance to the\ngranting of bail that was unavailable at the last application for\nbail.\nExamples\n1 An accused person has made only 1 application for bail in the Magistrates\nCourt in a criminal proceeding. The person is committed for trial in the\nSupreme Court in relation to the proceeding. If the accused makes an\napplication for bail in the Supreme Court in the proceeding, subsection (2) will\nnot apply to the court’s consideration of the application because the person did\nnot make 2 or more applications for bail in the Magistrates Court when the\nproceeding was before that court.\n2 An accused person has made 3 applications for bail in the Magistrates Court\nin a criminal proceeding. The person is committed for trial in the Supreme\nCourt in relation to the proceeding. If the accused makes an application for\nbail in the Supreme Court in the proceeding, subsection (2) will apply to the\ncourt’s consideration of the application.\n\n","sortOrder":33},{"sectionNumber":"21","sectionType":"section","heading":"Bail in relation to several offences","content":"21 Bail in relation to several offences\nIf an accused person has been charged with 2 or more offences for\nwhich bail may be granted and is being held in custody in relation to\nthose offences—\n(a) a court or an authorised officer must, in considering whether to\ngrant bail to the accused person, have regard to all the offences\nwith which the person stands charged; and\n(b) if the court or authorised officer decides that the accused person\nshould be granted bail—\n(i) the accused person must be granted bail in relation to all\nthe offences with which the person has been charged for\nwhich bail may be granted; and\n(ii) the accused person need give only 1 undertaking to appear\nin relation to all the offences with which the person has\nbeen charged for which bail may be granted; and\n(iii) if the accused person is granted bail subject to conditions—\nthe conditions apply in relation to each offence with which\nthe accused person is charged for which bail may be\ngranted.\n","sortOrder":34},{"sectionNumber":"22","sectionType":"section","heading":"Criteria for granting bail to adults","content":"22 Criteria for granting bail to adults\n(1) In making a decision about the grant of bail to an adult in relation to\nan offence, a court or authorised officer must consider—\n(a) the likelihood of the person appearing in court in relation to the\n(b) the likelihood of the person, while released on bail—\n(i) committing an offence; or\n(ii) harassing or endangering the safety or welfare of anyone;\nor\n\n(iii) interfering with evidence, intimidating a witness, or\notherwise obstructing the course of justice, in relation to\nthe person or anyone else; and\n(c) the interests of the person.\nExamples for par (c)\n1 the need of the person for physical protection\n2 the period that the person may be held in custody if bail is refused and the\nconditions under which the person would be held\n(2) Also, if the person is convicted of an indictable offence, or the\nelements of an indictable offence are proven in relation to the person,\nbut the person has not been sentenced, a court must consider the\nlikelihood of the person being given a sentence of imprisonment.\n(3) In considering the matters mentioned in subsection (1) or (2), the\ncourt or authorised officer may have regard to any relevant matter,\nincluding—\n(a) the nature and seriousness of the offence; or\n(b) the person’s character, background and community ties; or\n(c) the likely effect of a refusal of bail on the person’s family or\ndependants; or\n(d) any previous grants of bail to the person; or\n(e) the strength of the evidence against the person.\nExample\nIn considering under subsection (1) the likelihood of the person appearing in court\nin relation to the offence, the court or authorised officer may have regard to whether\nthe person failed to comply with a bail condition previously.\n(4) The reference in subsection (1) (b) (i) to an offence includes a\nreference to an offence against a law of the Commonwealth, a State\nor another Territory (including an external territory).\n\n","sortOrder":35},{"sectionNumber":"23","sectionType":"section","heading":"Criteria for granting bail to children","content":"23 Criteria for granting bail to children\n(1) In making a decision about the grant of bail to a child in relation to\nan offence, a court or authorised officer must consider—\n(a) the matters mentioned in section 22 (1) (a) and (b), (2) and (3);\nand\n(b) the principles in the Children and Young People Act 2008,\nsection 94 (Youth justice principles); and\n(c) if the decision is being made by a court and a report has been\ngiven to the court under the Court Procedures Act 2004,\nsection 74D (Court may order report about young person) in\nrelation to the child—the report.\n(2) In addition, the court or authorised officer must consider, as a primary\nconsideration, the best interests of the child.\n","sortOrder":36},{"sectionNumber":"23A","sectionType":"section","heading":"Victim’s concern about need for protection","content":"23A Victim’s concern about need for protection\n(1) If a court is making a decision about the grant of bail to an accused\nperson—\n(a) the prosecutor must tell the court about any concern of which\nthe prosecutor is aware expressed by a victim about the need for\nprotection from violence or harassment by the accused person;\nand\n(b) the court must receive any submission in relation to the concern\nand consider it in the context of the matter mentioned in\nsection 22 (1) (b).\n(2) If an authorised officer who is making a decision about the grant of\nbail to an accused person is aware that a victim has expressed concern\nabout the need for protection from violence or harassment by the\naccused person, the authorised officer must consider that concern in\nthe context of the matters mentioned in section 9F (Family violence\noffence—bail by authorised officer) and section 22 (1) (b).\n\n","sortOrder":37},{"sectionNumber":"Part 5","sectionType":"part","heading":"Bail conditions and undertakings","content":"Part 5 Bail conditions and undertakings\nto appear\n","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Conditions of bail","content":"24 Conditions of bail\nA court or an authorised officer may grant bail without imposing\nconditions or subject to bail conditions imposed—\n(a) for a court—by order; or\n(b) for an authorised officer—in writing.\n","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Conditions on which bail may be granted to adults","content":"25 Conditions on which bail may be granted to adults\n(1) The following conditions may be imposed on a grant of bail to an\nadult:\n(a) conditions about the person’s conduct while released on bail;\n(b) a condition that the person, an acceptable person or each of a\nnumber of acceptable people—\n(i) pays to the Territory a stated amount if the person fails to\nappear in court in accordance with his or her undertaking;\nor\n(ii) gives acceptable security for the payment to the Territory\nof a stated amount if the person fails to appear in court in\naccordance with his or her undertaking;\nNote For acceptable people and acceptable security, see s 32.\n(c) a condition that the person, an acceptable person or each of a\nnumber of acceptable people—\n(i) deposits a stated amount with a court or authorised officer;\nand\n(ii) forfeits the amount if the person fails to appear in court in\naccordance with his or her undertaking.\n\n(2) With the consent of a person who makes a deposit or gives security\nunder subsection (1) (b) (ii) or (c), it may be a condition of bail that\nthe deposit or security continues to apply if bail is continued.\n(3) It must not be a condition of bail that a person gives consent under\nsubsection (2).\n(4) Without limiting subsection (1) (a), the requirements that an accused\nperson may be required to observe relating to his or her conduct while\nreleased on bail include—\n(a) a requirement that the accused person report periodically, or at\nspecified times, at a stated place; and\n(b) a requirement that the accused person reside at a stated place;\nand\n(c) a requirement that the person undergo psychiatric treatment or\nother medical treatment; and\n(d) a requirement that the accused person participate in a program\nof personal development, training or rehabilitation; and\n(e) a requirement that the person—\n(i) accept supervision by the director-general; and\n(ii) comply with any reasonable direction of the\ndirector-general; and\nExamples of directions\n1 a direction to attend a program\n2 a direction to comply with a mental health assessment or treatment order\nmade by the ACAT\n3 a direction to attend drug or alcohol counselling\n\n(f) for a person (the accused person) charged with a family\nviolence offence—\n(i) a requirement that the accused person not contact, harass,\nthreaten or intimidate, or cause someone else to contact,\nharass, threaten or intimidate, a stated person or engage in\nany other behaviour mentioned in the Family Violence\nAct 2016, section 8 (1), definition of family violence,\nparagraph (a), in relation to the stated person; or\n(ii) a requirement that the accused person not be on premises\nwhere a stated person lives or works; or\n(iii) a requirement that the accused person not be on or near\npremises where a stated person is likely to be; or\n(iv) a requirement that the accused person not be in a stated\nplace; or\n(v) a requirement that the accused person not be within a stated\ndistance of a stated person; or\n(vi) if the accused person lives with someone—a requirement\nthat the accused person not enter or remain at the home if\nthe accused person is under the influence of alcohol or\nanother drug.\n(5) A court or an authorised officer must, in considering conditions for\nthe release on bail of an accused person who is an adult, consider the\nconditions for the release of that person in the sequence in which they\nappear in subsection (1).\n\n(6) A court or an authorised officer, in granting bail to an accused person\nwho is an adult—\n(a) must not impose a condition mentioned in subsection (1) unless\nthe court or authorised officer is of the opinion that the\nimposition of the condition is necessary to secure 1 or more of\nthe following purposes:\n(i) the attendance of the person before a court from time to\ntime as required in relation to the offence in relation to\nwhich bail is being granted;\n(ii) the protection from harm of the accused person or any\nother person;\n(iii) the prevention of the accused person from committing an\noffence while at liberty on bail;\n(iv) the prevention of the accused person from interfering with\nevidence, intimidating witnesses or otherwise obstructing\nthe course of justice whether in relation to himself or\nherself or anyone else; and\n(b) must not, except at the request of the accused person, impose a\ncondition, or a combination of conditions, that impose\nobligations that are more onerous than necessary to secure the\npurposes referred to in paragraph (a) for which the condition or\ncombination of conditions is imposed.\n(7) A court or an authorised officer, in granting bail to an accused person\non a condition referred to in subsection (1) (b) or (c) must not require\nthe accused person to give an acceptable security for a stated sum, or\nto deposit a stated sum with the court or authorised officer, if the court\nor authorised officer has reasonable grounds for believing that the\naccused person does not have the means to provide such a security or\nmake the deposit, as the case may be.\n\n(8) If a court or an authorised officer grants bail to an accused person on\na condition mentioned in subsection (1) and the accused person\nsatisfies the court or authorised officer that the person is unable to\ncomply with that condition, the court or authorised officer must—\n(a) refuse bail; or\n(b) grant the accused person bail subject to such other condition\nmentioned in subsection (1) as the authorised officer or the court\nbelieves the accused person will be able to comply with and will\nsecure the purposes mentioned in subsection (6) (a).\n(9) In this section:\ndirector-general means—\n(a) if section 25A applies in relation to the accused person—\nthe responsible director-general decided under that section; or\n(b) in any other case—the director-general responsible for this Act.\npremises includes—\n(a) any land; and\n(b) any structure, building, vehicle, vessel or place (whether built\non or not); and\n(c) any part of such a structure, building, vehicle, vessel or place.\n","sortOrder":40},{"sectionNumber":"25A","sectionType":"section","heading":"Supervision condition when offence committed as young","content":"25A Supervision condition when offence committed as young\nperson\n(a) a condition is imposed on the grant of bail to an accused person\nunder section 25 (4) (e); and\n(b) the accused person is at least 18 years old but less than 21 years\nold; and\n\n(c) the accused person was under 18 years old when the offence to\nwhich the grant of bail relates was committed.\n(2) The director-general responsible for this Act and the director-general\nresponsible for the Children and Young People Act 2008 must decide\nwhich of them is to be the responsible director-general for matters\nrelating to the supervision of the accused person.\n(3) If the responsible director-general for matters relating to the\nsupervision of an accused person is the director-general responsible\nfor the Children and Young People Act 2008, the accused person must\nbe supervised as a person under 18 years old.\n(4) If the responsible director-general for matters relating to the\nsupervision of an accused person is the director-general responsible\nfor this Act, the accused person must be supervised as an adult.\n","sortOrder":41},{"sectionNumber":"26","sectionType":"section","heading":"Conditions on which bail may be granted to children","content":"26 Conditions on which bail may be granted to children\n(1) The following conditions may be imposed on the grant of bail to a\nchild—\n(a) the conditions mentioned in section 25 (1) (other than a\nrequirement mentioned in section 25 (4) (e)); and\n(b) any other conditions that the court or authorised officer\nconsiders appropriate—\n(i) having regard to the principles in the Children and Young\nPeople Act 2008, section 94; and\n(ii) considering, as a primary consideration, the best interests\nof the child.\n(2) Without limiting section 25 (1), the requirements that a child may be\nrequired to comply with about his or her conduct while released on\nbail include a requirement that the child—\n(a) accept supervision by the director-general under the Children\nand Young People Act 2008; and\n\n(b) comply with any reasonable direction of the director-general.\nExamples of directions\n1 a direction to attend a program\n2 a direction to comply with a mental health assessment or treatment order made\nby the ACAT\n3 a direction to attend drug or alcohol counselling\n(3) A court or an authorised officer must, in considering the release on\nbail of an accused person who is a child, consider the conditions for\nthe release of the person that are mentioned in section 25 (1) in the\nsequence in which they are mentioned in that subsection.\n(4) A court or an authorised officer, in granting bail to an accused person\nwho is a child—\n(a) may not impose a condition referred to in section 25 (1) unless\nthe court or the authorised officer is of the opinion that the\nimposition of the condition is—\n(i) necessary to secure 1 or more of the purposes mentioned in\nsection 25 (6) (a) (i), (ii), (iii) and (iv) (the relevant\npurposes); or\n(ii) in accordance with the principles under the Children and\nYoung People Act 2008, section 94 (Youth justice\nprinciples); and\n(b) may not, except at the request of the accused person, impose a\ncondition, or a combination of conditions, that puts a greater\nobligation on the accused than is—\n(i) necessary to secure the relevant purposes; or\n(ii) in accordance with the relevant principles.\n(5) Section 25 (7) applies in relation to a grant of bail under this section.\n\n(6) If a court or an authorised officer grants bail to an accused person\nwho is a child on a condition referred to in section 25 (1) and the\naccused person satisfies the court or authorised officer that the person\nis unable to comply with that condition, the court or authorised officer\nmust—\n(a) refuse bail; or\n(b) grant the accused person bail subject to the other conditions\nreferred to in subsection (1) that the court or authorised officer\nbelieves the accused person will be able to comply with and will\nsecure the purposes mentioned in subsection (4) (a) (i) and (ii).\n","sortOrder":42},{"sectionNumber":"27","sectionType":"section","heading":"Recording of certain bail decisions","content":"27 Recording of certain bail decisions\n(1) If—\n(a) a judge or magistrate hears an application by an accused person\nfor bail, or release from custody without bail; or\n(b) an authorised officer is required to consider whether to grant bail\nto an accused person, or to release an accused person from\ncustody without bail;\nhe or she must record, or cause to be recorded, his or her reasons for\nthe decision.\n(2) If a judge, a magistrate or an authorised officer decides to grant bail\nto an accused person subject to a condition mentioned in\nsection 25 (1) otherwise than in accordance with a request of an\naccused person that bail be granted on that condition, or on conditions\nthat include that condition, the judge, magistrate or authorised officer\nmust record, or cause to be recorded, his or her reasons for deciding—\n(a) that the imposition of a condition mentioned in that subsection\nwas necessary to secure the purposes of whichever of\nsection 25 (6) (a) and section 26 (4) (a) applies to the accused\nperson; and\n\n(b) if the condition is a condition referred to in section 25 (1) (other\nthan a condition mentioned in section 25 (1) (a))—that the\nimposition of a condition under the earlier paragraph or\nparagraphs of that subsection would be unlikely to secure the\npurposes of whichever of section 25 (6) (a) and\nsection 26 (4) (a) applies to the accused person.\n","sortOrder":43},{"sectionNumber":"28","sectionType":"section","heading":"Undertakings to appear","content":"28 Undertakings to appear\n(1) A person may be released on bail only if the person gives an\nundertaking—\n(a) to appear before a stated court at the place, date and time—\n(i) stated in the undertaking; or\n(ii) notified to the person by a police officer; and\n(b) to comply with the bail conditions (if any).\n(2) For a continuation of bail, the person may undertake to appear at any\ntime when, and at any place where, proceedings in relation to the\noffence with which the person has been charged may be continued.\n(3) An undertaking—\n(a) may be in writing or given before the court; and\n(b) if given before the court, must be recorded by the court.\n(4) An undertaking may be given in relation to more than 1 offence.\n(5) A court must accept an undertaking given under this section as proof\nof the matters stated in it if there is no evidence to the contrary.\n(6) Subsection (1) (a) does not apply to a person in relation to a breach\nof the peace or apprehended breach of the peace if no further\nappearance is required.\n\n","sortOrder":44},{"sectionNumber":"30","sectionType":"section","heading":"Accused person may be excused from attendance before","content":"30 Accused person may be excused from attendance before\ncourt\n(1) If a person has given an undertaking to appear before a court under\nsection 28 (1), the court may, on application made by or on behalf of\nthat person, by order excuse the person from attendance before the\ncourt to answer the charge in relation to which bail has been granted\nor for any other purpose in relation to the proceedings relating to the\ncharge.\n(2) An order under subsection (1) may be made—\n(a) whether or not any evidence has been given in the proceedings;\nand\n(b) whether or not the applicant for the order is before the court or\nhas attended before the court in relation to the proceedings.\n(3) A court must not make an order under subsection (1) unless it has\nbeen informed, by or on behalf of the applicant, that the applicant is\nrepresented by a lawyer for the purposes of the proceedings.\n(4) A court may, at any time during proceedings in relation to which an\norder has been made in relation to a person under subsection (1),\ndirect the informant or the registrar of the court to serve the person in\nrelation to whom the order has been made with a written notice\nrequiring him or her to attend before the court, for the purposes of\nthose proceedings, on a day and at a time and place stated by the court.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(5) If a person on whom a notice under subsection (4) has been served\ndoes not attend before the court in accordance with the requirements\nof the notice, the court may issue a warrant for the arrest of the person\nand for bringing the person before the court at the time and place\nspecified in the warrant.\n\n(6) If—\n(a) a person has been discharged from custody on bail; and\n(b) an order is made under subsection (1) excusing the person from\nattendance before the court in accordance with his or her\nundertaking to appear; and\n(c) the person does not appear before the court at the place, date and\ntime required under that undertaking;\nthe person is not taken to have failed to comply with a condition of\nhis or her bail only because the person did not so attend before the\ncourt and bail continues subject to any condition other than a\ncondition requiring the person to attend before the court.\n","sortOrder":45},{"sectionNumber":"31","sectionType":"section","heading":"Bail requirements","content":"31 Bail requirements\n(1) An undertaking to appear may be given to—\n(a) a court; or\n(b) a registrar or deputy registrar; or\n(c) an authorised officer; or\n(d) for an accused person who is at a correctional centre or a NSW\ncorrectional centre—the person in charge of the centre.\n(2) An amount may be deposited, or security given, in accordance with a\nbail condition, to—\n(a) a court; or\n(b) registrar or deputy registrar; or\n(c) an authorised officer.\ndeposit includes a payment by cash or electronic funds transaction.\nsecurity includes security given by way of bond or bank guarantee.\n\n","sortOrder":46},{"sectionNumber":"32","sectionType":"section","heading":"Acceptable people and security for bail","content":"32 Acceptable people and security for bail\n(1) A court or authorised officer imposing a condition on bail may\ndecide—\n(a) the person, people or class of people who are acceptable people\nfor a condition mentioned in section 25 (1) (b) or (c); and\n(b) the number of people required for the condition; and\n(c) the security acceptable for a condition mentioned in\nsection 25 (1) (b) (ii).\n(2) If a decision has not been made when the undertaking to appear is\ngiven, the court or person to whom the undertaking to appear is given\nmay decide.\n(3) Without limiting subsections (1) and (2), an acceptable person for a\ncondition includes an entity prescribed by regulation for this\nsubsection.\n","sortOrder":47},{"sectionNumber":"33","sectionType":"section","heading":"Continuation of bail and undertakings","content":"33 Continuation of bail and undertakings\n(1) If an accused person has given an undertaking to appear at a place,\ndate and time at which proceedings in relation to the offence may be\ncontinued, whether on any adjournment, postponement or other\ndeferment of the proceedings, or by way of committal, a court may\ncontinue the bail already granted in relation to the offence, whether\nor not the accused person is present in court.\n(2) If bail is continued under subsection (1), the undertaking to appear\nand the bail conditions continue to apply, except to the extent that the\nundertaking or condition otherwise provides or the court otherwise\norders.\nNote A court continuing bail must give notice of the continuation, bail\nconditions and place, date and time to which the proceedings are\nadjourned, postponed or deferred (see s 34 (4)).\n\n(3) If no direction is made by the court in relation to bail, whether or not\nthe accused person appears in accordance with the undertaking—\n(a) the court is taken to have continued bail; and\n(b) the undertaking to appear and any bail conditions continue to\napply.\n(4) If the hearing of a charge against an accused person is adjourned or\npostponed, the court may—\n(a) continue the person’s bail; or\n(b) make another order about bail.\n(5) However, if a deposit has been made, or security given, by a surety in\naccordance with a bail condition, the court must not continue bail\nwithout the surety’s consent unless it is a condition of bail that the\ndeposit or security continues to apply if bail is continued.\n(6) If bail is continued—\n(a) the undertaking to appear is taken to be an undertaking to appear\nat any time when, and at any place where, proceedings in\nrelation to the offence with which the person has been charged\nmay be continued; and\n(b) any bail conditions continue to apply.\n\n(7) If an accused person has been released on bail and the court is\nsatisfied that the accused person is because of illness or accident or\nother sufficient cause unable to appear personally before the court on\nthe day when the person is required to appear, the court may, in the\nabsence of the accused person, order the person to be further\nremanded to the place, date and time that the court considers\nappropriate and may order that the undertaking to appear given by the\naccused person and any agreement entered into under a condition of\nthe grant of bail be continued so as to require the appearance of the\naccused person at every place, date and time to which the accused\nperson is remanded or the hearing adjourned, postponed or otherwise\ndeferred.\n","sortOrder":48},{"sectionNumber":"34","sectionType":"section","heading":"Written notice of conditions of bail","content":"34 Written notice of conditions of bail\n(1) A court or authorised officer granting bail to an accused person—\n(a) must give the accused person a written notice setting out—\n(i) the person’s obligations under the person’s bail conditions;\nand\nwith the conditions; and\n(b) must be satisfied, before releasing the accused person, that the\nperson will comply with the conditions.\n(2) A court or authorised officer granting bail to an accused person with\na surety for the accused person’s appearance to answer the charges\nagainst the person —\n(a) must give the surety written notice of—\n(i) the accused person’s obligations under the person’s bail\nconditions; and\nwith the conditions; and\n\n(b) must be satisfied, before releasing the accused person, that the\nsurety understands—\n(i) the nature and extent of the accused person’s obligations\nunder the person’s bail conditions; and\nwith the conditions.\n(3) If a bail condition is imposed or varied on a review under part 6 of a\ndecision made in relation to bail, the court or authorised officer\nimposing or varying the condition—\n(a) must give the accused person a written notice setting out—\n(i) the person’s obligations under the condition; and\nwith the condition; and\n(b) must be satisfied that the accused person will comply with the\ncondition; and\n(c) if there is a surety for the appearance of the accused person to\nanswer the charges against the accused person—\n(i) must give the surety a written notice setting out—\n(A) the accused person’s obligations under the condition;\nand\n(B) the consequences of any failure by the person to\ncomply with the condition; and\n(ii) must be satisfied that the surety understands—\n(A) the nature and extent of the accused person’s\nobligations under the condition; and\n(B) the consequences of any failure by the person to\ncomply with the condition.\n\n(4) A court continuing bail on an adjournment or a postponement of a\nproceeding must give the accused person written notice stating—\n(a) that bail is continued until the proceeding resumes; and\n(b) the place, day and time at which the proceeding will resume or,\nif that is not yet decided, that the proceeding will resume at a\nplace, day and time stated in an additional written notice; and\n(c) the conditions on which bail is allowed.\n(5) A notice under subsection (4) must be given—\n(a) as soon as practicable—\n(i) after deciding to continue bail; or\n(ii) for an additional notice—after deciding the place, day and\ntime for resuming the proceeding; and\n(b) in a way—\n(i) prescribed by regulation (a prescribed way of service); or\n(ii) if the accused person makes a nomination under\nsubsection (6)—nominated by the person.\n(6) The accused person may nominate a prescribed way of service for\nbeing given a notice under subsection (4), other than a way that\ninvolves personal service on the person or any other person.\n(7) Failure to comply with subsection (4) or (5) does not invalidate the\ncontinuation of bail.\n","sortOrder":49},{"sectionNumber":"36","sectionType":"section","heading":"Discharge of surety","content":"36 Discharge of surety\n(1) A surety may, at any time apply to be discharged from his or her\nliability under a bail condition—\n(a) if bail has been granted by a court—\n(i) to the court that granted bail; or\n\n(ii) to the court of appearance; or\n(b) if bail has been granted by an authorised officer—to the court of\nappearance.\n(2) However, an application may not be made if the person granted bail\nhas failed to comply with a bail condition or undertaking to appear.\n(3) If the person granted bail is not in custody or before the court when\nthe application is made, the court must—\n(a) issue a warrant to apprehend the person and bring the person\nbefore the court; or\n(b) issue a summons for the person’s appearance before the court.\n(4) On the person’s appearance before the court, the court must, unless\nthe court considers it would be unjust to do so—\n(a) direct that the applicant be discharged from his or her liability;\nand\n(b) release the security or deposit.\n(5) If the court discharges the applicant from liability, the court may—\n(a) impose further bail conditions; and\n(b) remand the person granted bail into custody until the further\nconditions are satisfied.\ncourt of appearance means the court before which the accused\nperson is required to appear in accordance with his or her undertaking\nto appear.\n\n","sortOrder":50},{"sectionNumber":"37","sectionType":"section","heading":"Payment of amounts to Territory","content":"37 Payment of amounts to Territory\n(a) a person granted bail fails to appear in court in accordance with\nhis or her undertaking; and\n(b) a bail condition mentioned in section 25 (1) (b) or (c) requires\nthe person or someone else (the person required to pay) to pay,\nor forfeit, an amount to the Territory if the person fails to appear.\n(2) If the amount has been deposited in accordance with a condition\nmentioned in section 25 (1) (c), the amount is forfeited to the\nTerritory.\n(3) If the amount has not been deposited, the court may order the person\nrequired to pay to pay the amount to the Territory.\n(4) Notice of the order must be given to the person required to pay as\nsoon as practicable.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(5) If, after the end of 28 days after the day the notice is given, the amount\nhas not been paid the amount may be recovered under the Crimes\n(Sentence Administration) Act 2005, chapter 6A (Court imposed\nfines) as if it were a fine within the meaning of that chapter.\n(6) Subsection (5) applies to an amount even if the amount\nexceeds $50 000.\n\nDivision 6.1 Review of decisions by authorised officers\nDivision 6.1 Review of decisions by authorised\nofficers\n38 Review by authorised officers\n(1) If an authorised officer makes a decision under part 4 in relation to\nbail for an accused person that is—\n(a) a decision to refuse to grant bail to the accused person; or\n(b) a decision to grant bail to the accused person subject to 1 or more\nbail conditions;\nthe accused person may request a review of that decision by the\nauthorised officer who made the decision or any other authorised\nofficer.\n(2) If an application for a review of a bail decision is made to an\nauthorised officer under subsection (1), the authorised officer must as\nsoon as possible conduct a review of the decision.\n","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":"Exercise of power to review","content":"39 Exercise of power to review\n(1) The power to review a decision under this division includes a power\nto confirm or vary a decision or to substitute another decision.\n(2) A decision as varied or substituted must be in conformity with this\nAct.\n(3) If, on a review of a decision under this division, the authorised officer\nvaries the decision or substitutes another decision, section 27 applies\nin relation to the decision as varied or substituted as if the decision\nhad been made by the authorised officer under part 4.\n(4) An authorised officer may refuse to entertain a request to review a\ndecision under this division if the authorised officer is satisfied that\nthe request is frivolous or vexatious.\n\n(5) A regulation may—\n(a) prescribe the way of making a request for the review of a\ndecision under this division; and\n(b) prescribe procedures for the conduct of a review under this\ndivision; and\n(c) limit the time within which, and the circumstances in which, an\naccused person may apply for a review of a decision under this\ndivision; and\n(d) limit the number of applications that may be made for the review\nof a bail decision under this division.\n","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Limitation on power of authorised officer to review","content":"40 Limitation on power of authorised officer to review\nAn authorised officer may not, under this division—\n(a) review a decision in circumstances if, had the decision not been\nmade, the authorised officer would be prohibited from making a\ndecision in relation to the grant of bail; or\n(b) review a decision that has been reviewed by a court.\n","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Right of review of bail decisions","content":"41 Right of review of bail decisions\nAn accused person or the informant may apply under this division for\nreview of any decision by a court or an authorised officer in relation\nto bail.\n","sortOrder":54},{"sectionNumber":"41A","sectionType":"section","heading":"Court may review on its own initiative","content":"41A Court may review on its own initiative\n(1) A court that has made a decision in relation to bail may review the\ndecision on its own initiative if the court considers it is in the interests\nof justice to do so.\n\n(2) The court may issue a warrant for the arrest of the person and for\nbringing the person before the court at the time and place stated in the\nwarrant.\n","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Power of Magistrates Court to review—decision of","content":"42 Power of Magistrates Court to review—decision of\nauthorised officer\n(1) The Magistrates Court may, on application under this division (other\nprosecution)), review any decision of an authorised officer in relation\nto bail for an accused person, only if—\n(a) the court has power to make a bail order under section 20 (1) (a)\n(Power in relation to bail—Magistrates Court); and\n(b) the court is satisfied that the applicant has shown—\n(i) a change in circumstances relevant to the granting of bail\nsince the authorised officer’s decision; or\n(ii) the availability of fresh evidence or information relevant to\nthe granting of bail to the accused person that was\nunavailable when the authorised officer made the decision.\n(2) The power of the Magistrates Court to review a decision under this\nsection may be exercised whether or not any power to review the\ndecision under section 38 (Review by authorised officers) has been\nexercised or been sought to be exercised.\n","sortOrder":56},{"sectionNumber":"42A","sectionType":"section","heading":"Power of Magistrates Court to review—decision of","content":"42A Power of Magistrates Court to review—decision of\nMagistrates Court\nThe Magistrates Court may, on application under this division (other\nprosecution)), review any decision of the court (however constituted)\nin relation to bail for an accused person, only if—\n(a) the court has power to make a bail order under section 20 (1) (a)\n(Power in relation to bail—Magistrates Court); and\n\n(b) the court is satisfied that the applicant has shown—\n(i) a change in circumstances relevant to the granting of bail\nsince the court’s decision; or\n(ii) the availability of fresh evidence or information relevant to\nthe granting of bail to the accused person that was\nunavailable when the court made the decision; and\n(c) for an application made by the accused person—the person has\nmade 2 applications for bail in the Magistrates Court in the\nproceeding to which the bail relates.\n","sortOrder":57},{"sectionNumber":"43","sectionType":"section","heading":"Power of Supreme Court to review—decision of","content":"43 Power of Supreme Court to review—decision of\nauthorised officer\n(1) This section applies if, in relation to a decision of an authorised\nofficer in relation to bail for an accused person, the Magistrates\nCourt—\n(a) does not have power to hear an application for review of the\ndecision; or\n(b) has heard an application for review of the decision.\n(2) The Supreme Court may, on application under this division (other\nprosecution)), review the decision of the authorised officer, only if\nthe court is satisfied that the applicant has shown—\n(a) a change in circumstances relevant to the granting of bail since\nthe authorised officer’s decision; or\n(b) the availability of fresh evidence or information relevant to the\ngranting of bail to the accused person that was unavailable when\nthe authorised officer made the decision.\n\n(3) The power of the Supreme Court to review a decision under this\nsection may be exercised whether or not any power to review the\ndecision under section 38 (Review by authorised officers) has been\nexercised or been sought to be exercised.\n","sortOrder":58},{"sectionNumber":"43A","sectionType":"section","heading":"Power of Supreme Court to review—decision of","content":"43A Power of Supreme Court to review—decision of\nMagistrates Court or Supreme Court\n(1) This section applies if a decision in relation to bail for an accused\nperson has been made by—\n(a) the Magistrates Court in accordance with section 42A (Power of\nMagistrates Court to review—decision of Magistrates Court); or\n(b) the Supreme Court.\n(2) The Supreme Court may, on application under this division (other\nprosecution)), review the decision of the court, only if the court is\nsatisfied that the applicant has shown—\n(a) a change in circumstances relevant to the granting of bail since\nthe court’s decision; or\n(b) the availability of fresh evidence or information relevant to the\ngranting of bail to the accused person that was unavailable when\nthe court made the decision.\n","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Right of review of bail decisions—prosecution","content":"44 Right of review of bail decisions—prosecution\n(1) This section applies to a decision by a court in relation to bail for an\naccused person charged with a family violence offence or a serious\n(2) The director of public prosecutions may apply to the Supreme Court\nfor review of the decision if the director of public prosecutions\nconsiders that exceptional circumstances exist and that it is in the\npublic interest to make the application.\n\n(3) An application must be made, and written notice of the application\ngiven to the accused person—\n(a) within 2 hours after the decision is made; or\n(b) if the decision is made between 4 pm on a day and 8 am the next\nday (day 2)—by 10 am on day 2 (whether or not it is a working\nday).\n(4) However, an application may only be made if the director of public\nprosecutions gives the court that made the decision oral notice of the\nproposed application immediately after the decision is made.\n(5) On giving notice under subsection (4), the operation of the decision\nis stayed until the first of the following happens:\n(a) the director of public prosecutions tells the court that made the\ndecision that an application will not be made;\n(b) the period for making the application and giving written notice\nunder subsection (3) has ended and the director of public\nprosecutions has not—\n(i) made an application; and\n(ii) given written notice of the application to the accused\nperson;\n(c) the Supreme Court makes a decision on the application;\n(d) 48 hours have passed since notice was given under\nsubsection (4) and the Supreme Court has not made a decision\non the application.\n\nfamily violence offence—see the Family Violence Act 2016,\ndictionary.\nserious offence means—\n(a) an offence that involves causing harm, or threatening to cause\nharm, to anyone, punishable by imprisonment for more than\n10 years; or\n(b) an offence under the Criminal Code, chapter 3 (Theft, fraud,\nbribery and related offences), punishable by imprisonment for\nmore than 10 years; or\n(c) an offence under the Criminal Code, part 4.1 (Property damage\noffences), punishable by imprisonment for more than 14 years;\nor\n(d) an offence under the Criminal Code, chapter 6 (Serious drug\noffences), punishable by imprisonment for more than 10 years.\n","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Exercise of power to review","content":"45 Exercise of power to review\n(1) The power to review a decision under this division includes a power\nto confirm or vary the decision or to substitute another decision.\n(2) A decision as varied or substituted must be in conformity with this\nAct.\n(3) The review of a decision must be by way of rehearing and evidence\nor information in addition to, or in substitution for, the evidence or\ninformation given or obtained on the making of the decision may be\ngiven or obtained on the review.\n(4) If, on a review of a decision under this division the court varies the\ndecision or substitutes another decision, section 27 applies in relation\nto the decision as varied or substituted as if that decision had been\ngiven by the court in relation to an application for bail.\n\n(5) If, on a review of a decision under this division, bail for an accused\nperson is revoked, the court may, by warrant, commit the person into\ncustody.\n(6) If, on a review of a decision under this division—\n(a) bail is granted without any condition being imposed but the\naccused person has not given an undertaking to appear; or\n(b) bail is granted subject to a condition;\nthe court may by warrant commit the person into custody until the\nperson gives the undertaking to appear or satisfies the condition.\n(7) A court may refuse to entertain a request to review a decision under\nthis division if the court is satisfied that the request is frivolous or\nvexatious.\n(8) A regulation may make provision in relation to—\n(a) the way of making a request for the review of a decision under\nthis division; and\n(b) the giving or sending to people of notices relating to the\nproposed exercise of power to review a decision under this\ndivision.\n","sortOrder":61},{"sectionNumber":"46","sectionType":"section","heading":"Review limited to bail conditions","content":"46 Review limited to bail conditions\n(1) If an accused person has remained in custody after being granted bail\nby a court because any condition of the bail has not been complied\nwith, the decision in relation to bail may be reviewed by the court that\ngranted bail—\n(a) at the request of the accused person; or\n(b) at the request of a police officer; or\n(c) on the court’s own initiative.\n(2) A review under this section of a decision in relation to bail is limited\nto a review of the conditions on which bail has been granted.\n\n(3) A review requested under this section by a police officer must not be\nconducted unless the court is satisfied that the request was made—\n(a) for the purpose of benefiting the accused person; and\n(b) with the consent of the accused person.\n(4) On a review of a bail decision under this section, a court may—\n(a) confirm the decision about the conditions of bail; or\n(b) vary the decision by removing or imposing bail conditions; or\n(c) grant bail without imposing any bail condition.\n(5) Notwithstanding section 43, section 43A or section 44, the Supreme\nCourt is empowered to conduct a review of a bail decision under this\nsection only in relation to bail granted by the Supreme Court\n(however constituted).\n\n","sortOrder":62},{"sectionNumber":"47","sectionType":"section","heading":"Giving information relating to bail","content":"47 Giving information relating to bail\n(1) If a person is charged by a police officer with an offence and the\nperson charged is being held in custody in relation to the offence, the\npolice officer must, as soon as is reasonably practicable after the\nperson is charged, give to the person, by written notice, information\nrelating to his or her entitlement to, or eligibility for, bail and to his\nor her entitlement to the review of decisions under this Act.\n(2) If an accused person is being held in custody in relation to an offence\nat the time of his or her first appearance in court in relation to that\noffence, the court must, during that appearance, or as soon as is\nreasonably practicable, give to the person, by written notice,\ninformation relating to his or her entitlement to, or eligibility for, bail.\n","sortOrder":63},{"sectionNumber":"47A","sectionType":"section","heading":"Notice to victim of bail decisions","content":"47A Notice to victim of bail decisions\n(a) a court or authorised officer makes a decision about a grant of\nbail, or reviews a bail decision, in relation to a person; and\n(b) the informant is aware that a victim has expressed concern about\nthe need for protection from violence or harassment by the\n(2) The informant must tell a police officer assigned to liaise with victims\nof crime (a victim liaison officer) that the victim has expressed the\nconcern.\n(3) If a victim liaison officer is told about a victim’s concern, the victim\nliaison officer must take all reasonable steps to tell the victim (or, if\nthe victim is a child, a person who has parental responsibility for the\nchild) about the bail decision as soon as practicable.\n\n","sortOrder":64},{"sectionNumber":"48","sectionType":"section","heading":"Notification to court that bail condition not satisfied","content":"48 Notification to court that bail condition not satisfied\n(1) This section applies to a person who has been granted bail by a court\nbut who has remained in custody since bail was granted because a\ncondition of the bail has not been complied with.\n(2) The person in charge of the correctional centre or other place where\nthe person is in custody must give the court written notice that the\nperson remains in custody because of the failure to comply with a bail\ncondition.\n(3) The notice must be given to the court not later than 7 days after the\nday the person is received into custody.\n(4) To remove any doubt, the court to which a notice is given under\nsubsection (2) may, on its own initiative, conduct a review under\nsection 46 of the condition on which bail was granted.\n(5) A notice under this section is required to be given only once in\nrelation to any particular grant of bail.\n(6) A regulation may prescribe information that is to be given to a court\nwith a notice under this section.\n","sortOrder":65},{"sectionNumber":"49","sectionType":"section","heading":"Failure to answer bail","content":"49 Failure to answer bail\n(1) A person commits an offence if the person—\n(a) gives an undertaking to appear before a court; and\n(b) fails to carry out the undertaking.\n(2) The court may issue a warrant to arrest the person and to bring the\nperson before the court.\n(3) Subsection (1) does not apply if the person has a reasonable excuse\nfor failing to carry out the undertaking.\n\n","sortOrder":66},{"sectionNumber":"51","sectionType":"section","heading":"Indemnification of sureties","content":"51 Indemnification of sureties\n(1) A person commits an offence if the person indemnifies, or agrees to\nindemnify, anyone else against a liability the other person incurs or\nmay incur as surety for an accused person.\n(2) A person commits an offence if the person is indemnified, or agrees\nto be indemnified, by someone else against a liability the person\nincurs or may incur as surety for an accused person.\n(3) For this section, it does not matter whether—\n(a) the agreement is for compensation in money or anything else; or\n(b) the agreement is made before or after the person indemnified, or\nagreed to be indemnified, becomes a surety; or\n(c) the person indemnified, or agreed to be indemnified, becomes a\nsurety.\n","sortOrder":67},{"sectionNumber":"52","sectionType":"section","heading":"Contravention of Act by police officers","content":"52 Contravention of Act by police officers\n(1) If a police officer contravenes a provision of this Act that is applicable\nto him or her as a police officer or as an authorised officer, the\ncontravention is not punishable as an offence unless a penalty is\nexpressly provided by this Act in relation to the contravention.\n(2) Subsection (1) does not apply to prevent a contravention of a\nprovision of this Act by a police officer from—\n(a) being dealt with under the—\n(i) Australian Federal Police Act 1979 (Cwlth), part 5; or\n(ii) National Anti-Corruption Commission Act 2022 (Cwlth);\nor\n\n(iii) Ombudsman Act 1976 (Cwlth); or\n(b) constituting grounds for the institution of civil proceedings.\n","sortOrder":68},{"sectionNumber":"55","sectionType":"section","heading":"Civil standard of proof to apply for certain purposes","content":"55 Civil standard of proof to apply for certain purposes\nIf a court or an authorised officer, in making a decision in relation to\nbail (other than a decision in proceedings for an offence committed\nin relation to bail), is to be, or may be, satisfied as to any matter, it is\nsufficient if the court or authorised officer is satisfied on the balance\nof probabilities.\n","sortOrder":69},{"sectionNumber":"56","sectionType":"section","heading":"No right of surety to arrest","content":"56 No right of surety to arrest\nA surety for an accused person does not have the right to arrest the\naccused person because the surety is a surety for the accused person.\n","sortOrder":70},{"sectionNumber":"56A","sectionType":"section","heading":"Arrest for failure to comply with bail condition","content":"56A Arrest for failure to comply with bail condition\n(a) a person has been granted bail in the ACT or a State; and\nNote State includes the Northern Territory (see Legislation Act, dict,\npt 1).\n(b) a police officer believes on reasonable grounds that the person—\n(i) has failed to comply with a bail condition; or\n(ii) will not comply with a bail condition.\n(2) A police officer may, without a warrant, arrest the person.\n\n56AA Police power to enter premises to arrest\n(a) a police officer has power under section 56A to arrest a person\nwithout a warrant; and\n(b) the offence for which the person has been granted bail is a\nrelevant offence; and\n(c) the police officer believes on reasonable grounds that the person\nis on premises that are not a public place.\n(2) The police officer may enter the premises to search the premises for\nthe person or to arrest the person, using the force that is necessary and\nreasonable in the circumstances.\n(3) However, the police officer must not enter a dwelling house under\nthis section unless the police officer believes on reasonable grounds\nthat—\n(a) it is necessary having regard to the circumstances of the person’s\nfailure to comply, or expected failure to comply, with the bail\ncondition; and\n(b) it would not be reasonable to arrest the person somewhere else;\nand\n(c) for entry before 6 am or after 9 pm on any day—\n(i) it is necessary to do so to prevent the concealment, loss or\ndestruction of evidence of a matter relating to whether the\nperson has failed to comply, or will not comply, with a bail\ncondition; or\n(ii) it would not be practicable to arrest the person at another\ntime.\n\n(4) In this section:\ndwelling house—see the Crimes Act 1900, section 220 (4).\npremises—see the Crimes Act 1900, section 185.\npublic place—see the Crimes Act 1900, section 174.\nrelevant offence—see the Crimes Act 1900, section 220 (4).\n56AB Police officer must announce entry before entering\n(1) A police officer must, before entering premises under\nsection 56AA (2)—\n(a) announce that the police officer is authorised to enter the\npremises; and\n(b) give any person at the premises an opportunity to allow entry to\nthe premises.\n(2) A police officer is not required to comply with subsection (1) if they\nbelieve on reasonable grounds that immediate entry to the premises\nis required to ensure—\n(a) the safety of a person (including a police officer); or\n(b) that the arrest is not frustrated.\n56AC Police powers on arrest for failure to comply with bail\ncondition\nThe following sections of the Crimes Act 1900 apply in relation to the\narrest of a person under section 56A as if the person were arrested for\nan offence:\n(a) section 221 (Use of force in making arrest);\n(b) section 222 (Persons to be informed of grounds of arrest);\n(c) section 223 (Power to conduct frisk search of arrested person);\n\n(d) section 224 (Power to conduct ordinary search of arrested\nperson);\n(e) section 225 (Power to conduct search of arrested person’s\npremises);\n(f) section 226 (Power to conduct search at police station);\n(g) section 227 (Power to conduct strip search);\n(h) section 228 (Rules for conduct of strip search);\n(i) section 229 (Safekeeping of things seized).\n56AD Arrested person to be brought before court\n(1) If a police officer arrests a person under section 56A, the police\nofficer must bring the person before a court as soon as practicable.\n(2) The court may—\n(a) for a person granted bail in the ACT—exercise the same powers\nin relation to bail as it has in relation to any other accused person\nin custody; or\n(b) for a person granted bail in a State—\n(i) release the person unconditionally; or\n(ii) grant the person bail subject to the conditions that the court\nconsiders appropriate; or\n(iii) remand the person in custody for a reasonable time while a\nwarrant for the person’s arrest is obtained from the State.\n(3) A release mentioned in subsection (2) (b) (i) does not affect the grant\nof bail in the State.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\n","sortOrder":71},{"sectionNumber":"56B","sectionType":"section","heading":"Arrest for breach of condition by person outside ACT","content":"56B Arrest for breach of condition by person outside ACT\n(1) This section applies if a police officer reasonably believes that—\n(a) a person who has been granted bail in the ACT has failed to\ncomply with a bail condition; and\n(b) the person is in a State or another Territory.\n(2) An issuing officer may, on the information of a police officer—\n(a) issue a warrant to arrest the person in the State or other Territory\nand bring the person before a court; or\n(b) issue a summons for the person’s appearance before a court.\n(3) In this section\nissuing officer, for a warrant, means—\n(a) a judge, the registrar or a deputy registrar of the Supreme Court;\nor\n(b) a magistrate; or\n(c) if authorised by the Chief Magistrate to issue a warrant—\nthe registrar or deputy registrar of the Magistrates Court.\n","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Act to prevail","content":"57 Act to prevail\n(1) Except if otherwise expressly provided by this Act, this Act applies\nin relation to the grant of bail to accused people to the exclusion of\nany other law in force immediately before the commencement of this\nAct so far as any other such law makes provision for or in relation to\nbail for accused people.\n(2) This Act does not affect the Bill of Rights 1688 1 Will and Mary\nsess 2 c 2.\n\n57AA Abolition of inherent power of bail\nAny inherent power of the Supreme Court to grant bail is abolished.\n","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Approved forms","content":"58 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) A form approved for section 28 (1), 30 (4), 34, 47 or 48 (2) is a\ndisallowable instrument.\n(4) Any other approved form is a notifiable instrument.\n(5) If there is no approved form for an instrument under this Act, the\ninstrument must be in a form acceptable to the registrar.\n","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Regulation-making power","content":"59 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) Without limiting subsection (1), a regulation may make provision in\nrelation to the management (including the investment) of an amount\ndeposited in accordance with a condition mentioned in\nsection 25 (1) (c).\n\n","sortOrder":75},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Offences against Crimes Act 1900","content":"Part 1.1 Offences against Crimes Act 1900\n","sortOrder":76},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Offences to which presumption","content":"Schedule 1 Offences to which presumption\nfor bail does not apply\n(see s 9B (a))\nPart 1.1 Offences against Crimes\nAct 1900\nitem\n1 15 manslaughter\n2 19 intentionally inflicting grievous bodily harm\n3 29 culpable driving of motor vehicle\n4 29A driving motor vehicle at police\n5 51 sexual assault in the first degree\n6 52 sexual assault in the second degree\n7 53 sexual assault in the third degree\n8 54 sexual intercourse without consent\n9 55 (1) sexual intercourse with young person under\n10 years old\n10 55 (3) sexual intercourse with young person under\n16 years old\n11 55A (1) sexual intercourse with young person under\nspecial care\n12 56 (1) persistent sexual abuse of child or young\nperson under special care\n13 62 incest and similar offences\n\nOffences against Crimes Act 1900 Part 1.1\nitem\n14 64 using child for production of child exploitation\nmaterial etc\n15 66 grooming and depraving young people\n\nPart 1.2 Offences against Criminal Code\nPart 1.2 Offences against Criminal Code\nitem\n1 310 aggravated robbery\n2 312 aggravated burglary\n3 603 (3) trafficking in commercial quantity of\n4 603 (5) trafficking in trafficable quantity of cannabis\n5 603 (7) trafficking in controlled drug other than\ncannabis\n6 607 (3) manufacturing commercial quantity of\ncontrolled drug for selling\n7 607 (5) manufacturing controlled drug for selling\n8 610 (1) selling large commercial quantity of controlled\nprecursor for manufacture of controlled drug\n9 610 (3) selling commercial quantity of controlled\nprecursor for manufacture of controlled drug\n10 611 (1) manufacturing large commercial quantity of\ncontrolled precursor for manufacture of\n11 611 (3) manufacturing large commercial quantity of\ncontrolled precursor for selling\n12 611 (5) manufacturing commercial quantity of\ncontrolled precursor for manufacture of\n\nOffences against Criminal Code Part 1.2\nitem\n13 611 (7) manufacturing commercial quantity of\ncontrolled precursor for selling\n14 612 (1) possessing large commercial quantity of\ncontrolled precursor\n15 612 (3) possessing commercial quantity of controlled\nprecursor\n16 616 (3) cultivating commercial quantity of controlled\nplant\n17 619 (3) selling commercial quantity of controlled plant\n18 622 (3) supplying etc controlled drug to child for\nselling\n19 624 (4) procuring child to traffic in controlled drug\n20 625 (1) supplying etc controlled drug (other than\ncannabis) to child\n21 639 concealing etc property derived from drug\noffence\n\nPart 1.3 Offence against Drugs of Dependence Act 1989\nPart 1.3 Offence against Drugs of\nDependence Act 1989\nitem\n1 164 sale, supply etc of drug of dependence or\nprohibited substance\n\nOffences against Medicines, Poisons and Therapeutic Goods Act 2008 Part 1.4\nPart 1.4 Offences against Medicines,\nPoisons and Therapeutic Goods\nAct 2008\nitem\n1 26 supply of controlled medicine or prohibited\nsubstance\n2 33 manufacture of controlled medicine or\nprohibited substance\n\nPart 1.5 Offences against Customs Act 1901 (Cwlth)\nPart 1.5 Offences against Customs\nAct 1901 (Cwlth)\nitem\n1 231 (1) assembly for unlawful purposes\n\nOffences against Commonwealth Criminal Code Part 1.6\nPart 1.6 Offences against Commonwealth\nCriminal Code\nitem\n1 307.1 importing and exporting commercial quantities of\nborder controlled drugs or border controlled plants\n2 307.2 importing and exporting marketable quantities of\nborder controlled drugs or border controlled plants\n3 307.3 importing and exporting border controlled drugs or\nborder controlled plants\n4 307.5 possessing commercial quantities of unlawfully\nimported border controlled drugs or border controlled\nplants\n5 307.6 possessing marketable quantities of unlawfully\nimported border controlled drugs or border controlled\nplants\n6 307.8 possessing commercial quantities of border controlled\ndrugs or border controlled plants reasonably suspected\nof having been unlawfully imported\n7 307.9 possessing marketable quantities of border controlled\ndrugs or border controlled plants reasonably suspected\nof having been unlawfully imported\n8 307.11 importing and exporting commercial quantities of\nborder controlled precursors\n9 307.12 importing and exporting marketable quantities of\nborder controlled precursors\n10 307.13 importing and exporting border controlled precursors\n\nPart 1.7 Offence against Work Health and Safety Act 2011\nPart 1.7 Offence against Work Health and\nSafety Act 2011\nitem\n1 34A industrial manslaughter\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Act (see s 7)\n• adult\n• child\n• Chief Magistrate\n• chief police officer\n• Commonwealth Criminal Code\n• correctional centre\n• Criminal Code\n• director-general (see s 163)\n• domestic partner (see s 169 (1))\n• found guilty\n• indictable offence (see s 190 (1))\n• judge\n• magistrate\n• Magistrates Court\n• penalty unit (see s 133)\n• police officer\n• State\n• Supreme Court\n• the Territory.\naccused person includes—\n(a) a person charged with, convicted of, or found guilty of, an\n(b) a person mentioned in section 8 (1) (c), (d) or (e); and\n(c) a person whose conviction for an offence is stayed; and\n\n(d) a person subject to an order under the Crimes (Sentencing)\nAct 2005, section 17 (Non-conviction orders—general); and\n(e) a person in relation to whom an appeal relating to an offence is\npending; and\n(f) a person in relation to whom a new trial has been ordered to be\nheld for an offence.\nappeal includes an application for leave to appeal and an appeal\nproceeding.\napplicable bail criteria, for a decision about bail, means criteria under\nany of the following provisions applying to the decision:\n(a) section 9D (Bail for serious offence committed while charge for\nanother is pending or outstanding);\n(b) section 9F (Family violence offence—bail by authorised\nofficer);\n(c) section 22 (Criteria for granting bail to adults);\n(d) section 23 (Criteria for granting bail to children).\nauthorised officer means—\n(a) the chief police officer; or\n(b) a police officer exercising the functions of a superintendent or\nsergeant; or\n(c) another police officer authorised in writing by the chief police\nofficer.\nbail means an authorisation granted to a person under this Act to be\nat liberty.\nbail condition means a condition on which bail is granted.\nbail order, for part 4 (Grant of bail)—see section 19 (1).\nbail review application, for part 4 (Grant of bail)—see section 12A.\n\nchild, of a person, includes a child—\n(a) who normally or regularly lives with the person; or\n(b) of whom the person is a guardian.\ncourt means the Supreme Court or Magistrates Court.\nfamily violence offence—see the Family Violence Act 2016,\ndictionary.\ngrant, in relation to bail (other than in section 22 (Criteria for granting\nbail to adults) or section 23 (Criteria for granting bail to children)),\nincludes continue.\noffence includes—\n(a) an alleged offence; and\n(b) except for section 8 (1) (a) and section 9 (1)—\n(i) a breach of the peace or an apprehended breach of the\npeace; and\n(ii) a breach of an obligation mentioned in section 8A\n(Entitlement to bail—breach of sentence obligations).\nparental responsibility—a person has parental responsibility for a\nchild or young person if the person has parental responsibility for the\nchild or young person under the Children and Young People\nAct 2008.\nNote Parental responsibility is dealt with in the Children and Young People Act\n2008, div 1.3.2.\nsurety, in relation to an accused person, means a person other than the\naccused person who is subject to a liability under a bail condition\nmentioned in section 25 (1).\nundertaking to appear means an undertaking given under\nsection 28 (1).\n\nvictim in relation to an accused person, means—\n(a) a person (the primary victim) who suffers harm—\n(i) in the course of, or because of, the commission of an\noffence of which the accused person is accused; or\n(ii) in the course of assisting a police officer in the exercise of\nthe officer’s power to arrest the accused person or to take\naction to prevent the commission of an offence of which\nthe accused person is accused; or\n(b) if a primary victim dies because of the commission of an offence\nof which the accused person is accused—anyone who was\nfinancially or psychologically dependent on the primary victim\nimmediately before his or her death.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nBail Act 1992 A1992-8\nnotified 28 May 1992 (Gaz 1992 No S59)\ns 1, s 2 commenced 28 May 1992 (s 2 (1))\nremainder commenced 28 November 1992 (s 2(3))\nas amended by\nBail (Amendment) Act 1992 A1992-75\nnotified 18 December 1992 (Gaz 1992 No S233)\ncommenced 18 December 1992 (s 2)\nBail (Amendment) Act 1994 A1994-73\nnotified 1 November 1994 (Gaz 1994 No S229)\nss 1-3 commenced 1 November 1994 (s 2 (1))\nremainder commenced 1 May 1995 (s 2 (3))\nCrimes (Amendment) Act (No 2) 1994 A1994-75 sch 3\nnotified 23 November 1994 (Gaz 1994 No S247)\nss 1-3 commenced 23 November 1994 (s 2 (1))\nsch 3 commenced 1 December 1994 (Gaz 1994 No S270)\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nsch commenced 29 November 1994 (Gaz 1994 No S269)\nActs Revision (Victims of Crime) Act 1994 A1994-84 pt 2\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\npt 2 commenced 15 June 1995 (s 2 (3))\nRemand Centres (Amendment) Act (No 2) 1996 A1996-81 s 7\nnotified 20 December 1996 (Gaz 1996 No S328)\nss 1-3 commenced 20 December 1996 (s 2 (1))\ns 7 commenced 1 January 1997 (s 2 (2) and Gaz 1996 No S353)\nBail (Amendment) Act 1997 A1997-22\nnotified 29 May 1997 (Gaz 1997 No S136)\nss 1-3 commenced 29 May 1997 (s 2 (1))\nremainder commenced 30 May 1997 (s 2 (2) and Gaz 1997 No S149)\n\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nBail (Amendment) Act 1998 A1998-39\nnotified 14 October 1998 (Gaz 1998 No 41)\nss 1-3 commenced 14 October 1998 (s 2 (1))\nremainder commenced 19 October 1998 (Gaz 1998 No 41)\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 November 1999 (s 2 (1))\nremainder commenced 10 May 2000 (s 2 (2))\nRoad Transport Legislation Amendment Act 1999 A1999-79\nnotified 1 March 2000 (Gaz 1999 No S65)\ncommenced 1 March 2000 (s 2 and Gaz 2000 No S5)\nBail Amendment Act 2001 A2001-25 pt 2\nnotified 24 May 2001 (Gaz 2001 No 21)\ncommenced 24 May 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 30\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 30 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nSupreme Court Amendment Act 2001 (No 2) A2001-54 sch 2 pt 2.2\nnotified 15 August 2001 (Gaz 2001 No S57)\ncommenced 15 August 2001 (s 2 (1))\nBail Amendment Act 2001 (No 2) A2001-60\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\nremainder commenced 24 September 2001 (s 2)\n\nProtection Orders (Consequential Amendments) Act 2001 A2001-90\nsch 1 pt 1\nnotified LR 27 September 2001\ns 1, s 2 commenced 27 September 2001 (LA s 75)\nsch 1 pt 1 commenced 27 March 2002 (s 2 and see the Protection\nOrders Act 2001, s 3 and LA s 79)\nLegislation Amendment Act 2002 A2002-11 amdt 2.5, amdt 2.6\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\namdt 2.5, amdt 2.6 commenced 28 May 2002 (s 2 (2))\nCriminal Code 2002 A2002-51 pt 1.1\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75)\npt 1.1 commenced 1 January 2003 (s 2 (1))\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.2\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75)\nsch 1 pt 1.1 commenced 28 March 2003 (s 2)\nBail Amendment Act 2004 A2004-14\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\ns 44 commenced 26 June 2004 (s 2 (2) (a))\nremainder commenced 26 June 2004 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 3 pt 3.1\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 3 pt 3.1 commenced 26 June 2004 (s 2 (2) and see Bail\nAmendment Act 2004 A2004-14 s 2)\nCriminal Code (Serious Drug Offences) Amendment Act 2004\nA2004-56 sch 1 pt 1.1\nnotified LR 6 September 2004\ns 1, s 2 commenced 6 September 2004 (LA s 75 (1))\nsch 1 pt 1.1 commenced 6 March 2005 (s 2 and LA s 79)\n\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.5\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.5 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nJustice and Community Safety Legislation Amendment Act 2005\nA2005-5 pt 3\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 3 commenced 24 February 2005 (s 2 (2))\nDomestic Violence and Protection Orders Amendment Act 2005\nA2005-13 sch 1 pt 1.1\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\nsch 1 pt 1.1 commenced 25 March 2005 (s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.4\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.4 commenced 2 June 2005 (s 2 (1))\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.7\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.7 commenced 24 November 2005 (s 2)\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.2\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.2 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.6\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.6 commenced 29 September 2006 (s 2 (1))\n\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.3\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.3 commenced 7 May 2008 (s 2)\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.1, sch 3 pt 3.2, sch 4 pt 4.1\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.1 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 3 pt 3.2 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 4 pt 4.1 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26\nsch 2 pt 2.2\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.2 commenced 14 February 2009 (s 2 and LA s 79)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.6\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.6 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.1\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 3 pt 3.1 commenced 30 March 2009 (s 2)\n\nJustice and Community Safety Legislation Amendment\nAct 2009 A2009-7 sch 1 pt 1.1\nnotified LR 5 March 2009\ns 1, s 2 commenced 5 March 2009 (LA s 75 (1))\nsch 1 pt 1.1 commenced 30 March 2009 (s 2 (2) and see Domestic\nViolence and Protection Orders Act 2008 A2008-46 s 2)\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.1\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.1 commenced 4 September 2009 (s 2)\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.1\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2010 (s 2)\nBail Amendment Act 2011 A2011-2\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nremainder commenced 16 May 2011 (s 2 and CN2011-6)\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.3\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.3 commenced 1 March 2011 (s 2)\nCourts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.1\nnotified LR 11 May 2011\ns 1, s 2 commenced 11 May 2011 (LA s 75 (1))\nsch 1 pt 1.1 commenced 25 July 2011 (s 2 and CN2011-8)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.16\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.16 commenced 1 July 2011 (s 2 (1))\n\nCrimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 2\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75)\npt 2 commenced 10 December 2013 (s 2 (2))\nCrimes Legislation Amendment Act 2015 (No 2) A2015-36 pt 2\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75)\npt 2 commenced 2 October 2015 (s 2)\nMental Health Act 2015 A2015-38 sch 2 pt 2.4 div 2.4.1\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.4 div 2.4.1 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nCrimes (Sentencing and Restorative Justice) Amendment Act 2016\nA2016-4 sch 1 pt 1.2\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 2 March 2016 (s 2 (1))\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.4\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.4 commenced 1 April 2016 (s 2 and see Protection of Rights\n(Services) Legislation Amendment Act 2016 A2016-1 s 2)\nFamily Violence Act 2016 A2016-42 sch 2 pt 2.1, sch 3 pt 3.1 (as am\nby A2017-10 s 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 2 pt 2.1, sch 3 pt 3.1 commenced 1 May 2017 (s 2 (2) as am by\nA2017-10 s 7)\n\nCrimes (Serious and Organised Crime) Legislation Amendment\nAct 2016 A2016-48 pt 2\nnotified LR 23 August 2016\ns 1, s 2 commenced 23 August 2016 (LA s 75 (1))\ns 8, s 9 commenced 1 May 2017 (s 2 (3))\npt 2 remainder commenced 1 May 2017 (s 2 (2))\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nCrimes Legislation Amendment Act 2019 A2019-23 pt 2\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 2 commenced 8 November 2019 (s 2 (3))\nSentencing (Drug and Alcohol Treatment Orders) Legislation\nAmendment Act 2019 A2019-31 pt 2\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\npt 2 commenced 3 December 2019 (s 2 (1) and CN2019-19)\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.2\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\namdt 1.6 commenced 8 April 2021 (s 2 (2) and see A2020-11 s 2 (1))\nsch 1 pt 1.2 remainder commenced 14 May 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.2\nnotified LR 19 February 2021*\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.2 commenced 20 February 2021 (s 2 (1))\n\nCrimes Legislation Amendment Act 2021 A2021-6 pt 2\nnotified LR 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 2 commenced 9 April 2021 (s 2)\nWork Health and Safety Amendment Act 2021 A2021-19 sch 1 pt 1.1\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\nsch 1 pt 1.1 commenced 11 November 2021 (s 2)\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 3\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 3 commenced 14 October 2021 (s 2 (1))\nSexual Assault Reform Legislation Amendment Act 2023 A2023-15\npt 2\nnotified LR 17 May 2023\ns 1, s 2 commenced 17 May 2023 (LA s 75 (1))\npt 2 commenced 24 May 2023 (s 2)\nBail Amendment Act 2023 A2023-51\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nremainder commenced 16 November 2023 (s 2)\nCrimes Legislation Amendment Act 2024 A2024-12 pt 2\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 2 commenced 26 April 2024 (s 2 (1))\nCrimes Legislation Amendment Act 2024 (No 2) A2024-16 pt 2\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 2 commenced 26 April 2024 (s 2)\nSexual, Family and Personal Violence Legislation Amendment\nAct 2024 A2024-40 pt 2, sch 1 pt 1.1\nnotified LR 12 September 2024\ns 1, s 2 commenced 12 September 2024 (LA s 75 (1))\npt 2, sch 1 pt 1.1 commenced 19 September 2024 (s 2)\n\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.8, sch 4 pt 4.14\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.8, sch 4 pt 4.14 commenced 16 November 2025 (s 2 (1), (9))\n\nName of Act\ns 1 sub A2004-14 amdt 1.1\ns 2 om A2001-44 amdt 1.316\nins A2004-14 amdt 1.1\nam A2005-13 amdt 1.1; A2006-23 amdt 1.4; A2015-38\namdt 2.56\nNotes\ns 3 (prev s 3) am A1994-73 s 4; s (2) pars renum R6 LA;\nA2004-14 s 4\ndef appeal om A2004-14 amdt 1.1\ndef applicable bail criteria ins A2001-25 s 4\nam A2001-60 s 4\ndef authorised officer sub A2001-25 s 5\ndef bail om A2004-14 amdt 1.1\ndef bail condition om A2004-14 amdt 1.1\ndef bail undertaking om A1994-73 s 4\ndef child sub A1997-22 s 4\ndef clerk om A2004-14 amdt 1.1\ndef court om A2004-14 amdt 1.1\ndef Crimes Act om R3 LRA\ndef de facto spouse ins A1997-22 s 4\nom A2003-14 amdt 1.4\ndef domestic violence offence sub A1997-22 s 4; A1998-39\ns 4\nam A1999-79 sch 3\nsub A2001-90 amdt 1.1\npar (e) exp 27 March 2002 (see s 60)\nam A2002-11 amdt 2.5; pars renum R7 LA (see A2002-11\namdt 2.6); A2002-51 amdt 1.1\ndef harm ins A1994-84 s 4\ndef household member ins A1997-22 s 4\nom A2001-90 amdt 1.2\ndef judge om A2004-14 amdt 1.1\ndef offence sub A1994-73 s 4\ndef outstanding ins A2001-60 s 5\n\ndef pending ins A2001-60 s 5\ndef relative ins A1997-22 s 4\nsub A2001-90 amdt 1.3\nam A2003-14 amdt 1.5\ndef relevant person ins A2001-90 amdt 1.4\nam A2003-14 amdt 1.6, amdt 1.7\ndef remand centre om A2004-14 amdt 1.1\ndef serious offence ins A2001-25 s 6\nsub A2001-60 s 6\ndef spouse ins A1997-22 s 4 (b)\nom A2003-14 amdt 1.8\ndef undertaking to appear om A2004-14 amdt 1.1\ndef victim ins A1994-84 s 4\npres s 3 sub A2004-14 amdt 1.1\nOffences against Act—application of Criminal Code etc\ns 3A ins A2005-54 amdt 1.44\nAct applies to children\ns 4 am R3 LRA\nsub A2004-14 amdt 1.2\nAvailability of bail\npt 2 hdg sub A2004-14 s 5\nWhen bail may be granted and rights following\ndiv 2.1 hdg ins A2004-14 s 5\nWhen may bail be granted?\ns 5 am A2001-25 s 7\nRights following grant of bail\ns 6 sub A2004-14 s 5\nam A2019-23 s 4\nPresumption for bail\ndiv 2.2 hdg ins A2004-14 s 5\nDiv 2.2 subject to div 2.3 and div 2.4\ns 7 am A1992-75 s 4; A1994-73 s 5; A1997-22 s 5; A1998-39 s 5;\nA2001-90 amdt 1.5\n\nBail following arrest for breach of peace\ns 7A ins A1994-73 s 6\nsub A2001-90 amdt 1.6\nom A2004-14 s 5\nEntitlement to bail—certain minor offences etc\ns 8 sub A1994-73 s 6\nam A1997-22 s 6; A2001-25 s 8, s 9; A2001-60 s 7\nsub A2001-90 amdt 1.6; A2004-14 s 5\nam A2006-40 amdt 2.59\nEntitlement to bail—breach of sentence obligations\ns 8A ins A1997-22 s 7\nam A1998-39 s 6; A2001-25 s 1\nsub A2001-90 amdt 1.6; A2004-14 s 5; A2006-23 amdt 1.5\n(3)-(5) exp 2 June 2009 (s 8A (5) (LA s 88 declaration\napplies)); A2016-4 amdts 1.4-1.6;\nam A2019-31 s 4; pars renum R42 LA\nEntitlement to bail—custody relating to sentence administration board\nhearings\ns 8B ins A2006-23 amdt 1.5\nLimitations on entitlement to bail\ns 9 hdg sub A2001-25 s 11\ns 9 sub A2001-54 amdt 2.2; A2004-14 s 5\nEntitlement to bail—offences other than minor offences\ns 9A hdg sub A2001-60 s 8\ns 9A ins A2001-25 s 12\nam A2001-60 s 9, s 10\n(7), (8) exp 24 September 2003 (s 9A (8))\nNo presumption for bail\ndiv 2.3 hdg ins A2004-14 s 5\nDiv 2.2 not to apply to certain offences\ns 9B ins A2004-14 s 5\nam A2005-13 amdt 1.2; A2008-46 amdt 3.1; A2016-42\namdt 3.1; A2023-51 s 4; pars renum R51 LA; A2025-29\namdt 3.24\nPresumption against bail\ndiv 2.4 hdg ins A2004-14 s 5\nBail for murder and certain serious drug offences\ns 9C hdg sub A2004-56 amdt 1.1\ns 9C ins A2004-14 s 5\nam A2004-56 amdt 1.2\n\nBail for serious offence committed while charge for another pending or\noutstanding\ns 9D ins A2004-14 s 5\nam A2004-15 amdt 3.1; A2006-23 amdt 1.6; A2008-20\namdt 4.1; A2011-13 amdt 1.1; A2016-42 amdt 3.2, amdt 3.3;\nR50 LA; A2025-29 amdt 3.25\nBail for person sentenced to imprisonment\ns 9E ins A2004-14 s 5\nFamily violence offence—bail by authorised officer\ns 9F hdg sub A2016-42 amdt 3.4\ns 9F ins A2004-14 s 5\nam A2005-13 amdt 1.3; A2008-46 amdt 3.2; A2009-7\namdt 1.1; A2016-42 amdt 3.5, amdt 3.6\nSpecial or exceptional circumstances\ns 9G ins A2004-14 s 5\nam A2004-15 amdt 3.2\nDispensing with bail\ns 10 am A1994-73 s 7; A2001-25 s 13; A2001-60 s 11; A2004-14\ns 6\nMeaning of bail order and bail review application—pt 4\ns 12A ins A2011-2 s 4\nWhen is a proceeding before the Supreme Court?—pt 4\ns 12B ins A2011-2 s 4\nApplications for bail—repeat application provisions\ns 12C ins A2011-2 s 4\nexp 16 May 2014 (s 12C (2))\nDeciding bail after charge laid\ns 13 am A1994-73 s 8; A1997-22 s 8; A2001-25 s 14; A2005-20\namdt 3.14; A2011-3 amdts 3.25-3.34\nGrant of bail by authorised officers\ns 14 am A2004-14 s 7; A2016-42 amdt 3.7\nDeciding of questions of bail by authorised officers\ns 15 am A1997-22 s 9; A2001-25 s 15; A2004-14 s 8; A2011-3\namdt 3.35\nNotification of decision of authorised officer\ns 16 am A1994-73 s 9; A1997-22 s 10; A2001-90 amdt 1.7;\nss renum R6 LA (see also A2001-90 amdt 1.8); A2005-13\namdt 1.4; A2011-3 amdts 3.35-3.37; A2016-42 amdt 2.1,\namdt 3.8\n\nCharged people in custody to be brought before court\ns 17 am A2011-3 amdt 3.38\nsub A2024-16 s 4\nFacilities to be provided to accused people\ns 18 am A2011-3 amdt 3.39\nCourt bail—general\ns 19 am A1997-22 sch 2; am A1997-96 sch 1; A2004-14 s 9;\nA2011-3 amdt 3.40\nsub A2011-2 s 5\nCourt bail—person required by summons to appear\ns 19A ins A2024-16 s 5\nPower in relation to bail—Magistrates Court\ns 20 sub A2004-14 s 10; A2011-2 s 5\nam A2019-23 s 5\nRepeat application for bail—Magistrates Court\ns 20A ins A2011-2 s 5\nPower in relation to bail—Supreme Court\ns 20B ins A2011-2 s 5\nRepeat application for bail—Supreme Court\ns 20C ins A2011-2 s 5\nBail in relation to several offences\ns 21 am A1997-22 s 11 and sch 2; A2011-3 amdt 3.41, amdt 3.42\nCriteria for granting bail to adults\ns 22 am A1994-84 s 5; A1997-22 s 11\nCriteria for granting bail to children\ns 23 am A1997-22 s 12; A1999-64 sch 2\nam A2008-20 amdt 2.1, amdt 4.2\nVictim’s concern about need for protection\ns 23A ins A1994-84 s 6\nam A1997-22 s 13\nam A2016-42 amdt 3.9\nBail conditions and undertakings to appear\npt 5 hdg sub A1994-73 s 10\n\nConditions on which bail may be granted to adults\ns 25 am A1994-73 s 11; am A1994-84 s 7; A2001-44 amdt 1.317;\nA2001-90 amdt 1.9; ss renum R6 LA; A2004-14 s 12, s 13,\ns 15, s 16; pars renum R11 LA (see A2004-14 s 14); ss\nrenum R11 LA (see A2004-14 s 17); A2006-23 amdt 1.7;\nA2008-36 amdt 1.58; A2009-24 amdt 1.1; A2011-3\namdt 3.43; A2011-22 amdt 1.58, amdt 1.61; A2016-42\namdt 3.10, amdt 3.11; pars renum R48 LA\nSupervision condition when offence committed as young person\ns 25A ins A2008-20 amdt 4.3\nam A2009-24 amdt 1.2; A2011-22 amdt 1.61\nConditions on which bail may be granted to children\ns 26 am A1999-64 sch 2; A2004-14 s 18, s 19; ss renum R11 LA\n(see A2004-14 s 20); A2008-20 amdt 2.2, amdt 2.3,\namdt 4.4; A2008-36 amdt 1.58; A2011-3 amdt 3.43;\nA2011-22 amdt 1.61\nRecording of certain bail decisions\ns 27 am A1997-22 sch 2; A2011-3 amdt 3.43\ns 27A ins A1994-84 s 8\nom A2004-14 s 21\nUndertakings to appear\ns 28 am A2001-44 amdt 1.318\nsub A2004-14 s 22\nam A2020-14 amdt 1.3, amdt 1.4; A2021-1 amdt 1.3;\nA2021-24 ss 6-8; ss renum R48 LA; A2025-29 amdt 4.14\nUndertakings in respect of more than 1 offence\ns 29 om A1994-73 s 12\nAccused person may be excused from attendance before court\ns 30 am A1997-96 sch 1; A2001-44 amdt 1.319; A2004-14\namdt 1.3, amdt 1.4; ss renum R11 LA (see A2004-14\namdt 1.5); A2011-3 amdt 3.43, amdt 3.44; A2025-29\namdt 4.14\nBail requirements\ns 31 am A1994-73 s 13\nsub A2004-14 s 23\nam A2006-23 amdt 1.8; A2008-7 amdt 1.21\nAcceptable people and security for bail\ns 32 am A1994-73 s 14; ss renum R6 LA\nsub A2004-14 s 23\n\nContinuation of bail and undertakings\ns 33 am A1994-73 s 15; A1997-22 sch 2; ss renum R6 LA;\nA2004-14 s 24, s 25\nWritten notice of conditions of bail\ns 34 am A1997-22 sch 2; A2001-44 amdt 1.320; A2011-3\namdt 3.45, amdt 3.46; A2021-6 s 4; A2025-29 amdt 4.14\nWarning to person making acknowledgment\ns 35 om A2004-14 s 26\nDischarge of surety\ns 36 am A1994-73 s 16\nsub A2004-14 s 27\nPayment of amounts to Territory\ns 37 sub A2004-14 s 28\nam A2004-60 amdt 1.16; A2010-21 amdt 1.1, amdt 1.2\nReview of decisions by authorised officers\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R4\nReview by authorised officers\ns 38 am A1997-22 sch 2; A2011-3 amdt 3.47\nReview of decisions by courts\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R4 LA\nCourt may review on its own initiative\ns 41A ins A2004-14 s 29\nPower of Magistrates Court to review—decision of authorised officer\ns 42 sub A2004-14 s 30; A2005-5 s 6; A2011-2 s 6\nPower of Magistrates Court to review—decision of Magistrates Court\ns 42A ins A2011-2 s 6\nPower of Supreme Court to review—decision of authorised officer\ns 43 am A2004-14 s 31, s 32; ss renum R11 LA; A2005-5 s 8 (and\nsee s 7)\nsub A2011-2 s 6\nPower of Supreme Court to review—decision of Magistrates Court or\nSupreme Court\ns 43A ins A2011-2 s 6\n\nRight of review of bail decisions—prosecution\ns 44 om A2004-14 s 33\nins A2016-48 s 6\nam A2016-48 s 8, s 9; A2024-12 s 4\nReview of s 44\ns 44A ins A2016-48 s 7\nexp 1 May 2020 (s 44A (3))\nExercise of power to review\ns 45 am A2011-3 amdt 3.47\nMiscellaneous\ndiv 6.3 hdg orig pt 6 div 3 hdg ins A1994-84 s 9\n(prev pt 6 div 3 hdg) renum R4 LA\nom A2004-14 s 34\nReview limited to bail conditions\ns 46 am A2011-3 amdt 3.47; A2011-2 s 7; A2016-48 s 10\ns 46A ins A1994-84 s 9\nom A2004-14 s 34\nGiving information relating to bail\ns 47 am A1994-73 s 17; A2001-44 amdt 1.321; A2011-3 amdt 3.47;\nA2025-29 amdt 4.14\ns 47A ins A2004-14 s 35; ss renum R11 LA\nam A2005-13 amdt 1.5\nNotification to court that bail condition not satisfied\ns 48 am A1994-73 s 18; A2001-44 amdt 1.322; A2006-23 amdt 1.9;\nA2025-29 amdt 4.14\nFailure to answer bail\ns 49 am A1994-73 s 19; A1994-81 sch\nsub A2001-25 s 16; A2005-54 amdt 1.45\nFalse statements in acknowledgments\ns 50 am A1994-81 sch\nom A2004-14 s 36\nIndemnification of sureties\ns 51 am A1994-81 sch\nsub A2005-54 amdt 1.46\nContravention of Act by police officers\ns 52 am A2013-50 s 4; A2024-16 s 6\nApprehension of person admitted to bail\ns 53 om A1994-75 sch 3\n\nPower of court where person apprehended\ns 54 om A1994-75 sch 3\nNo right of surety to arrest\ns 56 am A1994-73 s 20\nsub A2004-14 s 37\nArrest for failure to comply with bail condition\ns 56A ins A2004-14 s 28\nsub A2019-23 s 6\nPolice power to enter premises to arrest\n56AA ins A2019-23 s 6\nPolice officer must announce entry before entering\n56AB ins A2019-23 s 6\nPolice powers on arrest for failure to comply with bail condition\n56AC ins A2019-23 s 6\nArrested person to be brought before court\n56AD ins A2019-23 s 6\nArrest for breach of condition by person outside ACT\ns 56B ins A2004-14 s 28\nAct to prevail\ns 57 am A2004-14 amdt 1.6, amdt 1.7\nAbolition of inherent power of bail\ns 57AA ins A1996-81 s 7\nForm of certain instruments\ns 57A ins A1994-73 s 21\nom A2001-44 amdt 1.323\nApproved forms\ns 58 sub A2001-44 amdt 1.323\nam A2004-14 s 39; A2011-3 amdt 3.48; A2025-29 amdt 4.14\nRegulation-making power\ns 59 orig s 59\nrenum as s 60\npres s 59\nins A2001-44 amdt 1.323\nam A2004-14 s 40, s 41; A2025-29 amdt 4.14\nTransitional\npt 8 hdg ins A1999-79 sch 3\nom R6 LA\n\nExpiry—Motor Traffic Act reference\ns 60 (prev s 39) ins A1999-79 sch 3\nsub A2001-90 amdt 1.10 as s 59\nrenum as s 60 R5 LA\nexp 27 March 2002 (see s 60)\nOffences to which presumption for bail does not apply\nsch 1 hdg sub A2024-40 amdt 1.1\nsch 1 ins A1997-22 s 14\nam A1998-39 s 7\nsub A2001-90 amdt 1.11\nam A2002-51 amdt 1.2\nsub A2004-14 s 43\nam A2004-14 s 44; A2004-15 amdt 3.3, amdt 3.4; pts renum\nR11 LA (see A2004-15 amdt 3.5); items renum R11 LA;\nA2004-56 amdt 1.3, amdt 1.4; items renum R14 LA;\nA2008-26 amdt 2.2; pts renum A2008-26 amdt 2.3; A2015-36\ns 4, s 5; A2021-19 amdt 1.1, amdt 1.2; items renum R49 LA;\nA2023-15 s 4; A2023-51 s 5; items renum R51 LA; A2024-40\ns 4, amdt 1.2; A2025-29 amdt 3.26\ndict ins A2004-14 amdt 1.8\nam A2006-23 amdts 1.10-1.12; A2008-36 amdt 1.59,\namdt 1.60; A2011-22 amdt 1.59, amdt 1.60; A2016-13\namdt 1.7; A2025-29 amdt 3.27\ndef accused person ins A2004-14 s 42\nam A2006-23 amdt 1.13\ndef appeal ins A2004-14 amdt 1.8\ndef applicable bail criteria ins A2004-14 amdt 1.8\nam A2016-42 amdt 3.12\ndef authorised officer ins A2004-14 amdt 1.8\ndef bail ins A2004-14 amdt 1.8\ndef bail condition ins A2004-14 amdt 1.8\ndef bail order ins A2011-2 s 8\ndef bail review application ins A2011-2 s 8\ndef child ins A2004-14 amdt 1.8\ndef court ins A2004-14 amdt 1.8\ndef domestic violence offence ins A2004-14 amdt 1.8\nsub A2005-13 amdt 1.6\nam A2008-46 amdt 3.3\nom A2016-42 amdt 3.13\ndef family violence offence ins A2016-42 amdt 3.14\ndef grant ins A2004-14 amdt 1.8\ndef offence ins A2004-14 amdt 1.8\nam A2006-23 amdt 1.14\ndef parental responsibility ins A2005-13 amdt 1.7\nsub A2006-23 amdt 1.15; A2008-20 amdt 3.3\n\ndef relevant person ins A2004-14 amdt 1.8\nom A2005-13 amdt 1.8\ndef surety ins A2004-14 amdt 1.8\ndef undertaking to appear ins A2004-14 amdt 1.8\nam A2020-14 amdt 1.5, amdt 1.6\ndef victim ins A2004-14 amdt 1.8\n\nEarlier republications 5\n","sortOrder":77},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\n1 A1994-84 29 February 1996\n2 A1996-81 1 January 1997\n3 A1998-39 31 January 1999\n4 A2001-54 12 September 2001\n5 A2001-90 12 October 2001\n6 (RI) A2001-90 12 August 2025\n7 (RI) A2002-11 12 August 2025\n8 (RI) A2002-51 12 August 2025\n9 (RI) A2003-14 12 August 2025\n10 (RI) A2003-14 12 August 2025\n11 A2004-15 26 June 2004\n12 A2004-60 10 January 2005\n13 A2005-5 24 February 2005\n14 A2005-5 6 March 2005\n15 A2005-13 25 March 2005\n16* A2005-20 2 June 2005\n17 A2005-54 24 November 2005\n18 A2006-23 2 June 2006\n19 A2006-40 29 September 2006\n20 A2008-7 7 May 2008\n21 A2008-36 9 September 2008\n22 A2008-46 27 October 2008\n\n5 Earlier republications\n23 A2008-46 2 February 2009\n24 A2008-46 14 February 2009\n25 A2008-46 27 February 2009\n26 A2009-7 30 March 2009\n27* A2009-7 3 June 2009\n28 A2009-24 4 September 2009\n29 A2010-21 1 July 2010\n30 A2011-3 1 March 2011\n31 A2011-2 16 May 2011\n32 A2011-22 1 July 2011\n33 A2011-22 25 July 2011\n34 A2013-50 10 December 2013\n35 A2013-50 17 May 2014\n36 A2015-36 2 October 2015\n37 A2015-38 1 March 2016\n38 A2016-4 2 March 2016\n39 A2016-13 1 April 2016\n40 A2017-10 1 May 2017\n41 A2019-23 8 November 2019\n42 A2019-31 3 December 2019\n43 A2019-31 2 May 2020\n44 A2020-14 14 May 2020\n45 A2021-1 20 February 2021\n46 A2020-14 8 April 2021\n47 A2021-6 9 April 2021\n48 A2021-24 14 October 2021\n49 A2021-24 11 November 2021\n50 A2023-15 24 May 2023\n\nEarlier republications 5\n51 A2023-51 16 November 2023\n52 A2024-16 26 April 2024\n53 A2024-40 19 September 2024","sortOrder":78}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3806},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted as a straightforward bail procedure statute in 1992, the Act has expanded into a comprehensive code intersecting with multiple justice systems. It now includes specific regimes for family violence offences (restricting police bail powers and mandating victim notifications), detailed youth justice procedures (incorporating principles from the Children and Young People Act), cross-border enforcement mechanisms (arrest for bail breaches outside the ACT), and integration with sentence administration (bail for breach of parole or good behaviour orders). The Schedule of serious offences has also grown to include modern crimes such as industrial manslaughter and expanded drug trafficking categories, reflecting a shift from a simple procedural framework to a complex risk-management tool."},"complexity_factors":["Three-tier presumption system (presumption for, no presumption, presumption against) with distinct tests for each tier","Schedule 1 incorporates offences by reference from 7 separate Acts (Crimes Act 1900, Criminal Code, Drugs of Dependence Act, etc.)","Nested conditional logic and exceptions (e.g., s 9C: presumption against → unless special circumstances → but must refuse if criteria justify refusal)","47+ defined terms in the Dictionary including signpost definitions pointing to other sections","Distinct procedural tracks for adults vs children, authorised officers vs courts, and Magistrates Court vs Supreme Court","Extensive cross-referencing to other ACT legislation (Family Violence Act 2016, Children and Young People Act 2008, Crimes (Sentence Administration) Act 2005)","Time-sensitive procedural requirements (48-hour limits for family violence bail, 2-hour window for prosecution reviews, 96-hour custody limits)"],"plain_english_summary":"This law sets out when and how people accused of crimes in the ACT can be released from custody while waiting for their court case—this release is called **bail**.\n\n**Who it applies to**\nAnyone charged with a criminal offence, including children and adults. It also covers people arrested for breaching the peace or those appealing a prison sentence.\n\n**Three levels of entitlement**\nThe Act creates different starting points (presumptions) depending on how serious the charge is:\n\n*   **Presumption FOR bail (minor offences):** If you are charged with something carrying less than 6 months in prison, or no prison time at all, you are generally *entitled* to be released once you promise to appear in court (give an **undertaking to appear**). This can be refused only if you have previously breached bail, or if you are intoxicated or in danger.\n*   **No presumption (serious offences):** For more serious crimes listed in Schedule 1—including sexual assault, serious drug trafficking, aggravated robbery, and industrial manslaughter—there is no automatic entitlement. A court or senior police officer (**authorised officer**) decides based on neutral criteria such as whether you will show up, commit another offence, or endanger anyone.\n*   **Presumption AGAINST bail (very serious offences):** For murder, large-scale commercial drug crimes, or committing a serious offence while already facing another serious charge, bail is refused unless you can prove **special or exceptional circumstances** (for example, severe medical needs). Even then, bail can still be refused if the risk is too high.\n\n**Special protections for family violence**\nIf the charge involves family violence, an authorised officer cannot grant bail unless satisfied you pose no danger to the victim (**protected person**). You must be brought before a court within 48 hours, and conditions will usually include no-contact rules.\n\n**Who can grant bail**\n*   **Authorised officers** (senior police) can grant bail for less serious matters at the police station.\n*   **Courts** (Magistrates Court or Supreme Court) decide bail for serious crimes, family violence cases, or when police refuse it.\n\n**Conditions that can be imposed**\nCourts and officers can attach rules such as:\n*   Living at a specific address or reporting to police regularly.\n*   **Sureties**—having another person promise to pay money if you fail to appear.\n*   Security deposits (paying money upfront that you lose if you abscond).\n*   Non-contact orders prohibiting you from approaching victims.\n*   For young people, supervision by child justice officers.\n\n**What happens if bail is breached**\nPolice can arrest you without a warrant if they reasonably believe you have broken, or will break, a condition. They may also enter private premises to make that arrest (with specific rules about announcing themselves). You can be charged with an offence for failing to appear in court.\n\n**Reviews**\nIf you are refused bail or given strict conditions, you can apply for a review if there is a **change in circumstances** or **fresh evidence**. The prosecution can also urgently review a decision to grant bail in serious violence or family violence cases."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1992 version. Initially it established a general presumption in favour of bail with basic criteria. Subsequent amendments have added: a presumption against bail for murder and serious drug offences (2004), a 'no presumption' category for many serious offences (2004), special provisions for family violence offences (2004 onwards), enhanced police powers to arrest and enter premises for bail breaches (2019), victim notification requirements, and a prosecution right of review for certain decisions (2016). These changes have shifted the balance from a presumption of liberty towards greater restrictions, particularly for serious and repeat offenders, and have added many procedural layers."},"complexity_factors":["Over 80 sections and 5 schedules","Multiple tiers of presumptions (for, against, and none) with cross-references between divisions","Heavily defined terms in the dictionary (more than 30 definitions plus signpost definitions)","Nested conditions and exceptions (e.g., limitations on entitlement, special/exceptional circumstances)","Cross-references to numerous other Acts (Crimes Act, Criminal Code, Family Violence Act, etc.)","Detailed conditions for bail (Part 5) with multiple sub-conditions and sequencing rules","Complex review mechanisms with different powers for Magistrates Court and Supreme Court","Prosecution right of review with tight timeframes (2 hours)","Schedule 1 lists dozens of offences, each with specific provisions","Amendments over 30 years have added layers of complexity"],"plain_english_summary":"The Bail Act 1992 sets out the rules for when and how a person accused of a crime can be released from custody while waiting for their court case (this is called 'bail'). It applies to both adults and children in the Australian Capital Territory.\n\n**Who does it affect?** Anyone charged with an offence in the ACT, as well as police officers, authorised bail officers, and courts.\n\n**What does it do?** The Act creates different categories of offences with different rules:\n- For minor offences (e.g., those not punishable by imprisonment), there is a *presumption* (a legal starting point) that bail should be granted unless there are good reasons not to.\n- For serious offences like murder, major drug trafficking, or repeat serious offending, there is a *presumption against* bail – the accused must show 'special or exceptional circumstances' to get bail.\n- For certain other serious offences (listed in Schedule 1), there is no presumption either way; the court decides based on factors like risk of fleeing, committing another crime, or interfering with witnesses.\n\nThe Act also sets out:\n- The criteria courts and authorised officers must consider when deciding bail (e.g., likelihood of appearing in court, risk to the community, and for children, their best interests).\n- Conditions that can be imposed on bail (e.g., reporting to police, curfews, no-contact orders, or requiring a financial deposit or surety).\n- How bail decisions can be reviewed by a more senior officer or court.\n- Powers to arrest a person who breaches bail conditions.\n- Special rules for family violence offences, including a requirement that an authorised officer must be satisfied the accused poses no danger before granting bail.\n\n**Why does it matter?** Bail balances the accused's right to liberty (being presumed innocent until proven guilty) with the need to ensure they attend court and do not commit further offences or endanger others. The Act tries to manage these trade-offs through a tiered system of presumptions, but it imposes significant compliance burdens on accused persons and discretion on decision-makers. The rules have become more restrictive over time, especially for serious offences, which limits individual freedom and increases the number of people held in custody awaiting trial."}},"importantCases":[],"_links":{"self":"/api/acts/bail-act-1992","history":"/api/acts/bail-act-1992/history","analysis":"/api/acts/bail-act-1992/analysis","conflicts":"/api/acts/bail-act-1992/conflicts","importantCases":"/api/acts/bail-act-1992/important-cases","documents":"/api/acts/bail-act-1992/documents"}}