Bail Act 1977

Part 1—Preliminary

1 Short title and commencement

(1) This Act may be cited as the Bail Act 1977.

(2) The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

S. 1A inserted by No. 26/2017 s. 3.

1A Purpose

The purpose of this Act is to provide a legislative framework for the making of decisions as to whether a person accused of an offence should be granted bail, with or without conditions, or remanded in custody.

S. 1B inserted by No. 26/2017 s. 3.

1B Guiding principles

S. 1B(1AA) inserted by No. 8/2025 s. 4(1).

(1AA) The Parliament recognises the overarching importance of maximising, to the greatest extent possible, the safety of the community and persons affected by crime.

S. 1B(1) amended by No. 8/2025 s. 4(2).

(1) The Parliament also recognises the importance of—

S. 1B(1)(a) repealed by No. 8/2025 s. 4(3).

(b) taking account of the presumption of innocence and the right to liberty; and

(c) promoting fairness, transparency and consistency in bail decision making; and

(d) promoting public understanding of bail practices and procedures.

S. 1B(2) amended by No. 8/2025 s. 4(4).

(2) It is the intention of the Parliament that this Act is to be applied and interpreted having regard to the matters set out in subsections (1AA) and (1).

2 Repeals and savings

(1) The Acts mentioned in the Schedule to the extent thereby expressed to be repealed or amended are hereby repealed or amended accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed existing or continuing under any such Acts immediately before the commencement of this Act, shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed or amended;

(b) in particular and without affecting the generality of the foregoing paragraph, such repeal or amendment shall not disturb the continuity of status operation or effect of any application determination order warrant recognizance affidavit declaration certificate liability or right made effected issued granted given entered into fixed accrued incurred or acquired or existing or continuing by or under such Acts before the commencement of this Act.

3 Definitions

In this Act unless inconsistent with the context or subject-matter—

S. 3 def. of Aboriginal bail support service inserted by No. 28/2023 s. 31.

Aboriginal bail support service means a bail support service that is provided by an entity that—

(a) is managed by Aboriginal people; or

(b) operates for the benefit of Aboriginal people;

S. 3 def. of Aboriginal person inserted by No. 70/2010 s. 4(1), amended by No. 28/2023 s. 111.

Aboriginal person means a person who—

(a) is descended from an Aboriginal or Torres Strait Islander; and

(b) identifies as an Aboriginal or Torres Strait Islander; and

(c) is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

bail decision maker inserted by No. 26/2017 s. 4(1), amended by Nos 26/2017 s. 15(1), 3/2018 s. 3(1).

bail decision maker means any of the following empowered under this Act to grant bail, extend bail, vary the amount of bail or the conditions of bail or revoke bail—

(a) a court;

(b) a bail justice;

(c) a police officer;

(d) the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014;

S. 3 def. of bail guarantee inserted by No. 28/2023 s. 42.

bail guarantee means an undertaking, given by one or more persons, to pay a specified amount if there is—

(a) a failure to comply with a bail undertaking or an undertaking given under section 16B (as the case requires); or

(b) a failure to comply with a condition of the grant of bail in respect of which the undertaking referred to in paragraph (a) was given;

S. 3 def. of bail guarantor inserted by No. 28/2023 s. 42.

bail guarantor means a person who gives a bail guarantee;

bail justice inserted by No. 51/1989
s. 142(a), substituted by No. 35/2002 s. 25(1), amended by No. 70/2010 s. 4(2), repealed by No. 32/2014 s. 56.

bail support service inserted by No. 44/2013 s. 3, amended by Nos 28/2023 s. 71, 32/2024 s. 906(1).

bail support service means a service provided to assist an accused to comply with the accused's bail undertaking or the conditions of the accused's bail (whether or not that type of service is also provided to persons other than an accused on bail) including, but not limited to—

(a) bail support programs;

(b) medical treatment;

(c) counselling services or treatment services for substance abuse or other behaviour which may lead to commission of offences;

(d) counselling, treatment, support or assistance services for one or more of the following—

(i) a mental illness;

(ii) an intellectual disability;

(iii) an acquired brain injury;

(iv) autism spectrum disorder;

(v) a neurological impairment, including, but not limited to, dementia;

(e) services to help resolve homelessness;

S. 3 def. of bail undertaking inserted by No. 28/2023 s. 90(1).

bail undertaking means an undertaking given under section 5(1);

S. 3 def. of child inserted by No. 1/2016 s. 9, amended by No. 32/2024 s. 779.

child has the same meaning as in the Youth Justice Act 2024;

S. 3 def. of cocaine inserted by No. 89/1986
s. 4(a), repealed by No. 64/1998 s. 4.

S. 3 def. of conduct condition inserted by No. 44/2013 s. 3, amended by No. 26/2017 s. 4(2)(a).

conduct condition means a condition of bail imposed under section 5AAA(4);

S. 3 def. of court amended by Nos 19/1989
s. 16(Sch. item 7.1), 51/1989
s. 142(b), 37/2014 s. 10(Sch. item 8.1(b)), repealed by No. 26/2017 s. 4(2)(b).

S. 3 def. of drug of dependence inserted by No. 89/1986
s. 4(b).

drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

S. 3 def. of electronic monitoring condition inserted by No. 34/2025 s. 13(2).

electronic monitoring condition means a condition of bail that—

(a) requires the accused to wear an electronic device whose location is monitored; or

(b) facilitates the monitoring of the accused by use of a device referred to in paragraph (a);

S. 3 def. of electronic monitoring conditions inserted by No. 32/2024 s. 899, repealed by No. 34/2025 s. 13(1).

S. 3 def. of electronic signature inserted by No. 11/2021 s. 24.

electronic signature includes, but is not limited to—

(a) a person confirming their agreement by electronically selecting an option indicating affirmation; or

(b) a person providing a scanned or photographed copy of a document signed by hand;

S. 3 def. of family violence inserted by No. 26/2017 s. 4(1).

family violence has the same meaning as in the Family Violence Protection Act 2008;

S. 3 def. of family violence intervention order inserted by No. 26/2017 s. 4(1).

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008;

S. 3 def. of family violence offence inserted by No. 26/2017 s. 4(1).

family violence offence means—

(a) an offence against section 37(2), 37A(2), 123(2), 123A(2) or 125A(1) of the Family Violence Protection Act 2008; or

(b) an offence where the conduct of the accused is family violence;

S. 3 def. of family violence safety notice inserted by No. 26/2017 s. 4(1).

family violence safety notice has the same meaning as in the Family Violence Protection Act 2008;

S. 3 def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 9), amended by No. 17/2014 s. 160(Sch. 2 item 10).

legal practitioner means an Australian legal practitioner;

S. 3 def. of heroin inserted by No. 89/1986
s. 4(b), repealed by No. 64/1998 s. 4.

S. 3 def. of parent inserted by No. 1/2016 s. 9.

parent has the same meaning as in the Children, Youth and Families Act 2005;

S. 3 def. of Part 2A conditions inserted by No. 34/2025 s. 13(2).

Part 2A conditions means the conditions set out in section 17E;

S. 3 def. of police custody officer inserted by No. 32/2024 s. 899.

police custody officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 8.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of prison amended by Nos 10087 s. 3(1)(Sch. 1 item 4), 16/1987 s. 4(3)(Sch. 1 item 3), 56/1989 s. 286(Sch. 2 item 2.1), 48/2006 s. 42(Sch. item 4.1).

prison includes remand centre or youth justice centre under the Children, Youth and Families Act 2005 and any other place where persons may be detained in legal custody and imprisonment has a corresponding interpretation;

S. 3 def. of prosecutor inserted by No. 3/2018 s. 3(2).

prosecutor, in relation to an application under this Act, includes the informant, a police prosecutor and any other person appearing on behalf of the Crown;

S. 3 def. of recognised DVO inserted by No. 26/2017 s. 16(1).

recognised DVO has the same meaning as in the Family Violence Protection Act 2008;

S. 3 def. of Schedule 1 offence inserted by No. 26/2017 s. 4(2)(c).

Schedule 1 offence means an offence specified in Schedule 1 and, if circumstances are specified in Schedule 1 in relation to that offence, means an offence committed in those circumstances;

S. 3 def. of Schedule 2 offence inserted by No. 26/2017 s. 4(2)(c).

Schedule 2 offence means an offence specified in Schedule 2 and, if circumstances are specified in Schedule 2 in relation to that offence, means an offence committed in those circumstances;

S. 3 def. of Schedule 4 offence inserted by No. 34/2025 s. 6.

Schedule 4 offence means—

(a) an offence against a provision specified in an item of Part 1 of Schedule 4, being a provision of the Act specified in the heading to that item; or

(b) an offence against a provision specified in an item of Part 2 of Schedule 4, being a provision of the Act of the Commonwealth specified in the heading to that item; or

(c) an offence specified in an item of Part 3 or 4 of Schedule 4;

S. 3 def. of Schedule 5 offence inserted by No. 34/2025 s. 6.

Schedule 5 offence means an offence specified in Schedule 5;

S. 3 def. of section 17 notice inserted by No. 11/2021 s. 24.

section 17 notice means the written notice of conditions of bail required by section 17;

S. 3 def. of serious offence inserted by No. 1/2016 s. 6, repealed by No. 3/2018 s. 23(1).

S. 3 def. of step 1—exceptional circum-stances test inserted by No. 28/2023 s. 29.

step 1—exceptional circumstances test—see section 4A;

S. 3 def. of step 1—show compelling reason test inserted by No. 28/2023 s. 29.

step 1—show compelling reason test—see section 4B;

S. 3 def. of step 1 test inserted by No. 28/2023 s. 29.

step 1 test means—

(a) the step 1—exceptional circumstances test; or

(b) the step 1—show compelling reason test;

S. 3 def. of step 2—unacceptable risk test inserted by No. 28/2023 s. 29.

step 2—unacceptable risk test—see section 4D;

S. 3 def. of surrounding circum-stances inserted by No. 3/2018 s. 3(2).

surrounding circumstances—see section 3AAA;

S. 3 def. of terrorism or foreign incursion offence inserted by No. 32/2018 s. 80(1).

terrorism or foreign incursion offence means an offence against—

(a) section 4B of the Terrorism (Community Protection) Act 2003; or

(b) a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003; or

(c) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or

(d) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or

(e) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

S. 3 def. of terrorism record inserted by No. 32/2018 s. 80(1).

terrorism record—see section 3AAB;

S. 3 def. of terrorism-related order inserted by No. 32/2018 s. 80(1).

terrorism-related order means—

(a) a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or

(b) a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(c) an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(d) a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(e) a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(f) an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003;

S. 3 def. of terrorism risk information inserted by No. 32/2018 s. 80(1).

terrorism risk information—see section 3AAC;

S. 3 def. of terrorist act inserted by No. 1/2016 s. 3.

terrorist act has the same meaning as in the Terrorism (Community Protection) Act 2003;

S. 3 def. of terrorist organisation inserted by No. 1/2016 s. 3, substituted by No. 32/2018 s. 80(2).

terrorist organisation has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;

S. 3 def. of unacceptable risk test inserted by No. 3/2018 s. 3(2).

unacceptable risk test—see section 4E;

S. 3 def. of undertaking amended by No. 68/2009 s. 97(Sch. items 11.1, 11.2), substituted by No. 26/2017 s. 4(2)(d), amended by No. 3/2018 s. 3(3), repealed by No. 28/2023 s. 90(2).

S. 3 def. of vulnerable adult inserted by No. 3/2018 s. 3(2).

vulnerable adult—see section 3AAAA.

S. 3AAAA inserted by No. 3/2018 s. 4.

3AAAA Meaning of *vulnerable adult*

(1) For the purposes of this Act, a person is a vulnerable adult if the person is 18 years of age or more and has a cognitive, physical or mental health impairment that causes the person to have difficulty in—

(a) understanding their rights; or

(b) making a decision; or

(c) communicating a decision.

(2) A bail decision maker may consider a person to be a vulnerable adult even if the bail decision maker cannot identify the particular impairment referred to in subsection (1).

S. 3AAA inserted by No. 3/2018 s. 5, amended by No. 32/2018 s. 81(1)(2)
(ILA s. 39B(1)).

3AAA Surrounding circumstances

(1) If this Act provides, in relation to a matter,
that a bail decision maker must take into account the surrounding circumstances, the bail decision maker must take into account all the circumstances that are relevant to the matter including, but not limited to, the following—

S. 3AAA (1)(aa) inserted by No. 28/2023 s. 36.

(aa) whether, if the accused were found guilty of the offence with which the accused is charged, it is likely—

(i) that the accused would be sentenced to a term of imprisonment; and

(ii) if so, that the time the accused would spend remanded in custody if bail is refused would exceed that term of imprisonment;

(a) the nature and seriousness of the alleged offending, including whether it is a serious example of the offence;

(b) the strength of the prosecution case;

(c) the accused's criminal history;

S. 3AAA(1)(d) amended by No. 32/2024 s. 906(2).

(d) the extent to which the accused has complied with—

S. 3AAA (1)(d)(i) inserted by No. 32/2024 s. 906(2).

(i) the conditions of any earlier grant of bail; or

S. 3AAA (1)(d)(ii) inserted by No. 32/2024 s. 906(2).

(ii) any earlier bail undertaking;

(e) whether, at the time of the alleged offending, the accused—

(i) was on bail for another offence; or

(ii) was subject to a summons to answer to a charge for another offence; or

(iii) was at large awaiting trial for another offence; or

S. 3AAA (1)(e)(iiia) inserted by No. 28/2023 s. 37.

(iiia) was on remand for another offence; or

S. 3AAA (1)(e)(iiib) inserted by No. 28/2023 s. 37.

(iiib) was at large awaiting sentence for another offence; or

(iv) was released under a parole order; or

(v) was subject to a community correction order made in respect of, or was otherwise serving a sentence for, another offence;

(f) whether there is in force—

(i) a family violence intervention order made against the accused; or

(ii) a family violence safety notice issued against the accused; or

(iii) a recognised DVO made against the accused;

S. 3AAA(1)(g) amended by No. 34/2025 s. 17(1).

(g) the accused's personal circumstances, including—

S. 3AAA (1)(g)(i) inserted by No. 34/2025 s. 17(1).

(i) the caring responsibilities that the accused has (if any); and

S. 3AAA (1)(g)(ii) inserted by No. 34/2025 s. 17(1).

(ii) the accused's associations, home environment and background;

S. 3AAA(1)(h) substituted by No. 28/2023 s. 38.

(h) any special vulnerability of the accused, including—

(i) being an Aboriginal person; or

(ii) being a child; or

S. 3AAA (1)(h)(iia) inserted by No. 34/2025 s. 17(2).

(iia) being pregnant; or

(iii) experiencing any ill health, including mental illness; or

(iv) having a disability, including physical disability, intellectual disability and cognitive impairment;

The bail decision maker is required to take certain issues into account if the accused is an Aboriginal person—see section 3A. Further, the bail decision maker is required to take certain issues into account if the accused is a child—see section 3B. The bail decision maker is required to take all these issues into account if the accused is both an Aboriginal person and a child.

(i) the availability of treatment or bail support services;

Note to s. 3AAA(1)(i) inserted by No. 28/2023 s. 32.

If the accused is an Aboriginal person, see also section 5AAA(4A).

S. 3AAA(1)(ia) inserted by No. 32/2024 s. 900, amended by No. 34/2025 s. 16(1).

(ia) if the bail decision maker is making an applicable decision within the meaning of Part 2A, the availability of Part 2A conditions;

(j) any known view or likely view of an alleged victim of the offending on the grant of bail, the amount of bail or the conditions of bail;

(k) the length of time the accused is likely to spend in custody if bail is refused;

(l) the likely sentence to be imposed should the accused be found guilty of the offence with which the accused is charged;

S. 3AAA(1)(m) substituted by No. 32/2018 s. 81(1).

(m) whether the accused has expressed support for—

(iii) the provision of resources to a terrorist organisation;

S. 3AAA(1)(n) inserted by No. 32/2018 s. 81(1).

(n) subject to subsection (2), whether the accused has, or has had, an association with—

(i) another person or a group that has expressed support of the kind referred to in paragraph (m); or

(ii) another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(iii) a terrorist organisation.

S. 3AAA(2) inserted by No. 32/2018 s. 81(2).

(2) A bail decision maker must not take into account the accused having, or having had, an association referred to in subsection (1)(n)(i), (ii) or (iii) unless the bail decision maker is satisfied that the accused knew—

(a) that the person or group had expressed support for—

(b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(c) that the group was a terrorist organisation.

S. 3AA inserted by No. 3/2018 s. 5.

3AA Offence that is both a Schedule 1 and a Schedule 2 offence

For the purposes of this Act, an offence that is both a Schedule 1 offence and a Schedule 2 offence must be taken to be a Schedule 1 offence.

S. 3AAB inserted by No. 32/2018 s. 82.

3AAB Meaning of *terrorism record*

For the purposes of this Act, a person has a terrorism record if the person—

(a) has been convicted of a terrorism or foreign incursion offence; or

(b) is or has been subject to a terrorism-related order.

S. 3AAC inserted by No. 32/2018 s. 82.

3AAC Meaning of *terrorism risk information*

(1) For the purposes of this Act, terrorism risk information in respect of a person means—

(a) an assessment made by an entity specified in subsection (2) that there is a risk that the person will commit a terrorism or foreign incursion offence; and

(b) the information relied on in making that assessment.

(2) The specified entities are—

(a) the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth; and

(b) Victoria Police; and

(c) the Australian Federal Police; and

(d) the Australian Security and Intelligence Organisation; and

S. 3AAC(2)(e) amended by No. 28/2023 s. 110(1).

(e) the Department of Justice and Community Safety; and

(f) the police force or police service of another State or a Territory; and

(g) the Department of Home Affairs of the Commonwealth; and

(h) each prescribed entity.

(3) Without limiting subsection (1)(b), the information referred to in that provision may include—

(a) information regarding the person having expressed support for—

(b) information regarding the person having, or having had, an association with—

(i) another person or a group that has expressed support of the kind referred to in paragraph (a); or

(ii) another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(iii) a terrorist organisation.

Section 8AA(4) prevents a court from having regard to information referred to in paragraph (b) unless the court is satisfied that the person knew certain matters about the person or group that the association is with. See also section 3AAA(2).

S. 3A
inserted by No. 70/2010 s. 5, amended by No. 26/2017 s. 14(1), substituted by No. 28/2023 s. 33.

3A Determination in relation to an Aboriginal person

(1) In making a determination under this Act in relation to an Aboriginal person, a bail decision maker must take into account (in addition to any other requirements of this Act) any issues that arise due to the person's Aboriginality, including the following—

(a) the historical and ongoing discriminatory systemic factors that have resulted in Aboriginal people being over-represented in the criminal justice system, including in the remand population;

(b) the risk of harm and trauma that being in custody poses to Aboriginal people;

(c) the importance of maintaining and supporting the development of the person's connection to culture, kinship, family, Elders, country and community;

(d) any issues that arise in relation to the person's history, culture or circumstances, including the following—

(i) the impact of any experience of trauma and intergenerational trauma, including abuse, neglect, loss and family violence;

(ii) any experience of out of home care, including foster care and residential care;

(iii) any experience of social or economic disadvantage, including homelessness and unstable housing;

(iv) any ill health the person experiences, including mental illness;

(v) any disability the person has, including physical disability, intellectual disability and cognitive impairment;

(vi) any caring responsibilities the person has, including as the sole or primary parent of an Aboriginal child;

(e) any other relevant cultural issue or obligation.

If the Aboriginal person is also a child, the bail decision maker must also take into account the issues set out in section 3B(1).

(2) The bail decision maker is to take account of an issue set out in subsection (1) by reference to the evidence and information that is reasonably available to the bail decision maker at the time, including information provided by—

(a) the Aboriginal person's family and community; and

(b) providers of Aboriginal bail support services.

(3) Despite subsection (2), the bail decision maker is to take account of the issues set out in subsection (1)(a) to (c) whether or not any evidence or information is before the bail decision maker in respect of those issues.

(4) The requirement to take an issue set out in subsection (1) into account applies regardless of—

(a) whether the person's connection to their Aboriginality and culture has been intermittent throughout their life; and

(b) whether the person has only recently connected to or discovered their culture or heritage; and

(c) when the person first discloses that they are an Aboriginal person.

(5) If a bail decision maker refuses bail to an Aboriginal person, the bail decision maker must—

(a) identify the matters the bail decision maker had regard to in taking into account the issues set out in subsection (1); and

(b) either—

(i) state those matters orally when refusing bail and ensure that an audio visual recording, or an audio recording, is made of that statement; or

(ii) record those matters in writing in a form that the bail decision maker considers appropriate.

1 Section 19(2) of the Charter of Human Rights and Responsibilities provides that Aboriginal persons hold distinct cultural rights and must not be denied the various rights referred to in that provision.

2 When considering bail for an Aboriginal person charged with a Commonwealth offence, a bail decision maker must comply with section 15AB(1)(b) of the Crimes Act 1914 of the Commonwealth.

S. 3B inserted by No. 1/2016 s. 10.

3B Determination in relation to a child

S. 3B(1) amended by No. 26/2017 s. 14(2), substituted by No. 28/2023 s. 35.

(1) In making a determination under this Act in relation to a child, a bail decision maker must take into account (in addition to any other requirements of this Act) the following issues—

(a) the child's age, maturity and stage of development at the time of the alleged offence;

S. 3B(1)(b) amended by No. 8/2025 s. 5.

(b) the need to impose on the child the minimum intervention required in the circumstances;

S. 3B(1)(c) amended by No. 32/2024 s. 780(1).

(c) the presumption that a child who is 12 or 13 years of age cannot commit an offence;

Note to s. 3B(1)(c) inserted by No. 32/2024 s. 780(2).

See section 11 of the Youth Justice Act 2024.

(d) the need to preserve and strengthen the child's relationships with—

(i) the child's parents, guardian and carers; and

(ii) other significant persons in the child's life;

(e) the importance of supporting the child to live at home or in safe, stable and secure living arrangements in the community;

(f) the importance—

(i) of supporting the child to engage in education, or in training or work; and

(ii) of that engagement being subject only to minimal interruption or disturbance;

(g) the need to minimise the stigma to the child resulting from being remanded;

(h) the fact that time in custody has been shown to pose criminogenic and other risks for children, including—

(i) a risk that the child will become further involved in the criminal justice system; and

(ii) a risk of harm;

(i) the need to ensure that the conditions of bail—

(i) are no more onerous than is necessary; and

(ii) do not constitute unfair management of the child;

(j) the fact that some cohorts of children, including the following cohorts, experience discrimination resulting in that cohort's over-representation in the criminal justice system—

(i) Aboriginal children;

(ii) children involved in the child protection system;

(iii) children from culturally and linguistically diverse backgrounds;

(k) whether, if the child were found guilty of the offence charged, it is likely—

(i) that the child would be sentenced to a term of imprisonment; and

(ii) if so, that the time the child would spend remanded in custody if bail is refused would exceed that term of imprisonment;

(l) any of the following issues that arise—

(i) any ill health the child experiences, including mental illness;

(ii) any disability the child has, including physical disability, intellectual disability, cognitive impairment and developmental delay;

(iii) the impact on the child, and on the child's behaviour, of any experience of abuse, trauma, neglect, loss, family violence or child protection involvement, including removal from family or placement in out of home care;

(m) any other relevant factor or characteristic.

If the child is also an Aboriginal person, the bail decision maker must also take into account the issues set out in section 3A(1).

S. 3B(1A) inserted by No. 28/2023 s. 35.

(1A) The bail decision maker is to take account of an issue set out in subsection (1) by reference to the evidence and information that is reasonably available to the bail decision maker at the time.

S. 3B(1B) inserted by No. 28/2023 s. 35.

(1B) Despite subsection (1A), the bail decision maker is to take account of the issues set out in subsection (1)(b) to (j) whether or not any evidence or information is before the bail decision maker in respect of those issues.

S. 3B(2) amended by No. 26/2017 s. 14(2).

(2) In making a determination under this Act in relation to a child, a bail decision maker may take into account any recommendation or information contained in a report provided by a bail support service.

(3) Bail must not be refused to a child on the sole ground that the child does not have any, or any adequate, accommodation.

S. 3C inserted by No. 43/2017 s. 37, amended by No. 3/2018 s. 23(2).

3C Determination in relation to a person of or over the age of 18 years in a remand centre

If—

(a) the accused in a criminal proceeding in any court is of or over the age of 18 years and is in a remand centre (within the meaning of the Children, Youth and Families Act 2005), pursuant to a remand warrant issued when the accused was aged under 18; and

(b) the criminal proceeding relates to one or more offences alleged to have been committed when the accused was of or over the age of 18 years—

in making a determination under this Act in relation to the accused, a bail decision maker must take into account (in addition to any other requirements of this Act)—

(c) whether the accused has engaged in conduct that threatens the good order and safe operation of the youth remand centre; and

(d) whether the accused can be properly controlled in the youth remand centre.

S. 3D inserted by No. 3/2018 s. 6, substituted by Nos 32/2018 s. 83, 28/2023 s. 30.

3D Flow Charts

(1) A Flow Chart in this section illustrates the key features of the decision making process to which it relates. It is intended only as a guide to the reader.

(2) Flow Chart 1 shows the process for determining which tests are to be applied in deciding whether to grant bail to a person if—

(b) the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence.

S. 3D(3) substituted by No. 34/2025 s. 7.

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(4) Flow Chart 3 shows the process for applying the step 1—exceptional circumstances test and then the step 2—unacceptable risk test.

(5) Flow Chart 4 shows the process for applying the step 1—show compelling reason test and then the step 2—unacceptable risk test.

(6) Flow Chart 5 shows the process for applying the unacceptable risk test alone.

S. 3E inserted by No. 34/2025 s. 8.

3E Parenthetical descriptions of offences in Schedules

(1) This section applies in relation to an item of a Schedule to this Act that specifies an offence or a provision that creates an offence.

(2) A parenthetical description that accompanies the item—

(a) is provided for convenience of reference only; and

(b) does not affect—

(i) what offence is specified by the item; or

(ii) the circumstances set out in relation to that offence; and

(c) must be disregarded if it is inconsistent with the provision that creates the offence.

(3) In this section, a reference to a parenthetical description that accompanies an item is a reference to a description that appears in parentheses either—

(a) in the heading of the item; or

(b) in the item itself following the reference to an offence or a provision that creates an offence.

Pt 2 (Heading) inserted by No. 70/2010 s. 6.

Part 2—Granting of bail and admission to bail

S. 4 substituted.[1]

4 Entitlement to bail

A person accused of an offence, and being held in custody in relation to that offence, is entitled to be granted bail unless the bail decision maker is required to refuse bail by this Act.

S. 4AAA inserted by No. 28/2023 s. 9.

4AAA Offences in respect of which bail must not be refused

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

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

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

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

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

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

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

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

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

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

S. 4AA inserted by No. 32/2018 s. 84.

4AA When 2 step tests apply

(1) The step 1—exceptional circumstances test applies to a decision of whether to grant bail to a person accused of a Schedule 1 offence.

(2) The step 1—exceptional circumstances test also applies to a decision of whether to grant bail to a person accused of a Schedule 2 offence if—

(b) the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence; or

(c) the offence is alleged to have been committed—

(i) while the accused was on bail for any Schedule 1 offence or Schedule 2 offence; or

(ii) while the accused was subject to a summons to answer to a charge for any Schedule 1 offence or Schedule 2 offence; or

(iii) while the accused was at large awaiting trial for any Schedule 1 offence or Schedule 2 offence; or

S. 4AA(2) (c)(iiia) inserted by No. 28/2023 s. 25.

(iiia) while the accused was on remand for a Schedule 1 offence or a Schedule 2 offence; or

S. 4AA(2) (c)(iiib) inserted by No. 28/2023 s. 25.

(iiib) while the accused was at large awaiting sentence for a Schedule 1 offence or a Schedule 2 offence; or

See subsection (5).

(iv) during the period of a community correction order made in respect of the accused for any Schedule 1 offence or Schedule 2 offence; or

(v) while the accused was otherwise serving a sentence for any Schedule 1 offence or Schedule 2 offence; or

Note to s. 4AA(2)(c)(v) inserted by No. 28/2023 s. 26(1).

See subsection (5).

(vi) while the accused was released under a parole order made in respect of any Schedule 1 offence or Schedule 2 offence; or

(d) the offence is an offence of conspiracy to commit, incitement to commit or attempting to commit an offence in a circumstance set out in paragraph (c).

(3) The step 1—show compelling reason test applies to a decision of whether to grant bail to a person accused of a Schedule 2 offence if subsection (2) does not apply.

(4) The step 1—show compelling reason test also applies to a decision of whether to grant bail to a person accused of an offence that is neither a Schedule 1 offence nor a Schedule 2 offence if—

(b) the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence.

S. 4AA(4A) inserted by No. 34/2025 s. 9.

(4A) The step 1—show compelling reason test also applies to a decision of whether to grant bail to a person if—

(a) the person is accused of an indictable offence (a later indictable offence); and

(b) the later indictable offence is alleged to have been committed while the person was on bail for an indictable offence; and

(c) the person is also accused of an offence against section 30B in respect of the commission of the later indictable offence; and

(d) the later indictable offence is not excepted by subsection (4B) or (4C); and

(e) the step 1—exceptional circumstances test does not apply to the decision.

S. 4AA(4B) inserted by No. 34/2025 s. 9.

(4B) An offence is excepted for the purposes of subsection (4A)(d) if the offence—

(a) is not punishable by a term of imprisonment; or

(b) is a Schedule 4 offence.

S. 4AA(4C) inserted by No. 34/2025 s. 9.

(4C) An offence is also excepted for the purposes of subsection (4A)(d) if—

(a) the offence is a Schedule 5 offence; and

(b) the prosecutor does not satisfy the bail decision maker that the threshold set out in Schedule 5 for that offence is met.

S. 4AA(4D) inserted by No. 34/2025 s. 9.

(4D) The step 1—show compelling reason test applies under subsection (4A) even if some (but not all) of the later indictable offences of which the person is accused are excepted by subsection (4B) or (4C).

S. 4AA(5) inserted by No. 28/2023 s. 26(2).

(5) For the purposes of subsection (2)(c)(iiib) and (v)—

(a) an accused who is released on an undertaking under section 72 of the Sentencing Act 1991 following the court convicting the accused of an offence—

(i) is not at large awaiting sentence for that offence; and

(ii) is not serving a sentence for that offence; and

(b) an accused who is released on an undertaking under section 75 of the Sentencing Act 1991 following the court being satisfied that the accused is guilty of an offence—

(i) is not at large awaiting sentence for that offence; and

(ii) is not serving a sentence for that offence.

Note to s. 4AA substituted by No. 28/2023 s. 12.

In circumstances where a step 1 test applies, section 4D provides that the unacceptable risk test will apply as a step 2 test. However, section 4D also provides that the unacceptable risk test applies even in circumstances where no step 1 test applies.

S. 4A (Heading) amended by No. 32/2018 s. 85(1).

S. 4A inserted by No. 3/2018 s. 7.

4A Step 1—exceptional circumstances test

S. 4A(1) substituted by No. 32/2018 s. 85(2).

(1) This section applies if, under section 4AA(1) or (2), the step 1—exceptional circumstances test applies to a decision of whether to grant bail.

S. 4A(1A) inserted by No. 32/2018 s. 85(2).

(1A) The bail decision maker must refuse bail unless satisfied that exceptional circumstances exist that justify the grant of bail.

(2) The accused bears the burden of satisfying the bail decision maker as to the existence of exceptional circumstances.

(3) In considering whether exceptional circumstances exist, the bail decision maker must take into account the surrounding circumstances.

The term surrounding circumstances is defined in section 3. Also the bail decision maker is required to take into account other matters if the accused is an Aboriginal person or a child. See sections 3A and 3B.

(4) If the bail decision maker is satisfied that exceptional circumstances exist that justify the grant of bail, the bail decision maker must then move to step 2—unacceptable risk test.

S. 4B inserted by No. 3/2018 s. 7, repealed by No. 32/2018 s. 86.

S. 4C (Heading) amended by No. 32/2018 s. 87(1).

S. 4C inserted by No. 3/2018 s. 7.

4C Step 1—show compelling reason test

S. 4C(1) substituted by No. 32/2018 s. 87(2), amended by No. 34/2025 s. 10.

(1) This section applies if, under section 4AA(3), (4) or (4A), the step 1—show compelling reason test applies to a decision of whether to grant bail.

S. 4C(1A) inserted by No. 32/2018 s. 87(2).

(1A) The bail decision maker must refuse bail unless satisfied that a compelling reason exists that justifies the grant of bail.

(2) The accused bears the burden of satisfying the bail decision maker as to the existence of a compelling reason.

(3) In considering whether a compelling reason exists, the bail decision maker must take into account the surrounding circumstances.

The term surrounding circumstances is defined in section 3. Also the bail decision maker is required to take into account other matters if the accused is an Aboriginal person or a child. See sections 3A and 3B.

(4) If the bail decision maker is satisfied that a compelling reason exists that justifies the grant of bail, the bail decision maker must then move to step 2—unacceptable risk test.

S. 4D (Heading) amended by No. 32/2018 s. 88(1).

S. 4D inserted by No. 3/2018 s. 7, amended by No. 32/2018 s. 88(2), substituted by No. 28/2023 s. 13.

4D When unacceptable risk test applies

A bail decision maker must apply the unacceptable risk test—

(a) on section 4A(4) or 4C(4) requiring the bail decision maker to move to the step 2—unacceptable risk test; or

(b) on a decision of whether to grant bail to which, under section 4AA, neither the step 1—exceptional circumstances test nor the step 1—show compelling reason test applies.

S. 4E inserted by No. 3/2018 s. 7.

4E All offences—unacceptable risk test

(1) A bail decision maker must refuse bail for a person accused of any offence if the bail decision maker is satisfied that—

(a) there is a risk that the accused would, if released on bail—

S. 4E(1)(a)(iaa) inserted by No. 32/2024 s. 903A(1).

(iaa) commit a Schedule 1 offence or a Schedule 2 offence; or

S. 4E(1)(a)(i) substituted by No. 28/2023 s. 14(1), amended by No. 32/2024 s. 903A(2).

(i) otherwise endanger the safety or welfare of any other person, whether by committing an offence that has that effect or by any other means; or

S. 4E(1)(a)(ii) repealed by No. 28/2023 s. 14(2).

(iii) interfere with a witness or otherwise obstruct the course of justice in any matter; or

S. 4E(1)(a)(iv) amended by No. 32/2024 s. 906(3).

(iv) fail to surrender into custody in accordance with the bail undertaking; and

(b) the risk is an unacceptable risk.

Example to s. 4E(1) substituted by No. 32/2024 s. 903D.

An unacceptable risk that the accused, if released on bail, would—

(a) drive dangerously; or

(b) commit a family violence offence; or

(c) commit an aggravated burglary; or

(d) commit an armed robbery; or

(e) commit a carjacking; or

(f) commit a home invasion.

(2) The prosecutor bears the burden of satisfying the bail decision maker—

(a) as to the existence of a risk of a kind mentioned in subsection (1)(a); and

S. 4E(2)(b) amended by No. 34/2025 s. 4(1).

(b) that the risk is an unacceptable risk (whether because of section 4F or otherwise).

S. 4E(3) amended by No. 34/2025 s. 4(2).

(3) In considering whether a risk mentioned in subsection (1)(a) is an unacceptable risk (whether because of section 4F or otherwise), the bail decision maker must—

(a) take into account the surrounding circumstances; and

The term surrounding circumstances is defined in section 3. Also the bail decision maker is required to take into account other matters if the accused is an Aboriginal person or a child. See sections 3A and 3B.

(b) consider whether there are any conditions of bail that may be imposed to mitigate the risk so that it is not an unacceptable risk.

S. 4E(4) inserted by No. 32/2024 s. 901, amended by No. 34/2025 s. 16(2).

(4) The reference in subsection (3)(b) to conditions of bail includes, if the decision of whether to grant bail is an applicable decision within the meaning of Part 2A, Part 2A conditions.

S. 4F inserted by No. 34/2025 s. 5.

4F Risks that are unacceptable for persons accused of certain offences

(1) This section applies to a decision of whether to grant bail to a person—

(a) who is accused of having committed any of the following offences—

(i) an offence against section 75A of the Crimes Act 1958 (armed robbery);

(ii) an offence against section 77 of the Crimes Act 1958 (aggravated burglary);

(iii) an offence against section 77A of the Crimes Act 1958 (home invasion);

(iv) an offence against section 77B of the Crimes Act 1958 (aggravated home invasion);

(v) an offence against section 79 of the Crimes Act 1958 (carjacking);

(vi) an offence against section 79A of the Crimes Act 1958 (aggravated carjacking); and

(b) who, at the time of the alleged offending, was on bail for an offence referred to in any subparagraph of paragraph (a).

(2) For the purposes of section 4E, a risk that the accused would, if released on bail, commit a Schedule 1 offence or a Schedule 2 offence is an unacceptable risk unless the bail decision maker is satisfied that there is a high degree of probability that the accused would not commit an indictable offence referred to in subsection (1)(a) if released on bail.

(3) Nothing in this section prevents the bail decision maker from being satisfied, other than because of this section, that a risk that the accused would, if released on bail—

(a) commit a Schedule 1 offence or a Schedule 2 offence; or

(b) do any other thing referred to in section 4E(1)(a)—

is an unacceptable risk.

Under section 4E(2)(b), the prosecution bears the burden of satisfying the bail decision maker that a risk is an unacceptable risk. That includes that the risk is an unacceptable risk because of this section.

S. 5
amended by Nos 10087 s. 3(1)(Sch. 1 item 4), 16/1987 s. 12(Sch. 2 item 3(b))[2], 23/1994 s. 118(Sch. 1 item 4.1(a)(b)), 97/2005 s. 182(Sch. 4 item 4), 68/2009 s. 97(Sch. items 11.1, 11.3, 11.4), 13/2010 s. 51(Sch. item 7), substituted by No. 70/2010 s. 8, amended by No. 44/2013 s. 4, substituted by No. 26/2017 s. 6.

5 Bail undertaking

S. 5(1) amended by No. 28/2023 s. 91(1).

(1) A grant of bail must require the accused to give an undertaking in writing to surrender into custody at the time and place of the hearing or trial specified in the undertaking and not to depart without leave of the court and, if leave is given, to return at the time specified by the court and again surrender into custody.

S. 5(1A) inserted by No. 3/2018 s. 8(1), amended by No. 28/2023 s. 91(2).

(1A) An accused who gives a bail undertaking is under a duty to attend court for the hearing or trial specified in the undertaking and surrender into custody on so attending.

S. 5(2) amended by No. 3/2018 s. 8(2), substituted by No. 28/2023 s. 91(3).

(2) A grant of bail may be subject to—

(a) conduct conditions; or

(b) a condition that requires one or more bail guarantees or a deposit of money of a specified amount (whether or not the grant of bail is also subject to conduct conditions)—

but does not need to be subject to any of these conditions.

S. 5(3) repealed by No. 28/2023 s. 43.

1 Sections 12 and 21 of the Charter of Human Rights and Responsibilities set out a right of freedom of movement and a right to liberty and security of the person.

2 Sections 23 and 25 of the Charter of Human Rights and Responsibilities set out the rights of children in the criminal process and the rights of an adult in criminal proceedings.

3 Section 7(2) of the Charter of Human Rights and Responsibilities sets out how a human right may be limited after taking into account all relevant factors, including any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.

S. 5AAAA inserted by No. 3/2018 s. 9.

5AAAA Family violence risks

(1) A bail decision maker considering the release on bail of an accused must make inquiries of the prosecutor as to whether there is in force—

(a) a family violence intervention order made against the accused; or

(b) a family violence safety notice issued against the accused; or

(c) a recognised DVO made against the accused.

(2) A bail decision maker considering the release on bail of an accused charged with a family violence offence must consider—

(a) whether, if the accused were released on bail, there would be a risk that the accused would commit family violence; and

(b) whether that risk could be mitigated by—

(i) the imposition of a condition; or

(ii) the making of a family violence intervention order.

S. 5AAA inserted by No. 26/2017 s. 6.

5AAA Conduct conditions

(1) A bail decision maker considering the release of an accused on bail must impose any condition that, in the opinion of the bail decision maker, will reduce the likelihood that the accused may—

S. 5AAA (1)(aa) inserted by No. 32/2024 s. 903B(1).

(aa) commit a Schedule 1 offence or a Schedule 2 offence; or

S. 5AAA(1)(a) substituted by Nos 3/2018 s. 10, 28/2023 s. 15(1), amended by No. 32/2024 s. 903B(2).

(a) otherwise endanger the safety or welfare of any other person, whether by committing an offence that has that effect or by any other means; or

S. 5AAA(1)(b) substituted by No. 3/2018 s. 10, repealed by No. 28/2023 s. 15(2).

S. 5AAA(1)(c) substituted by No. 3/2018 s. 10.

(c) interfere with a witness or otherwise obstruct the course of justice in any matter; or

S. 5AAA(1)(d) substituted by No. 3/2018 s. 10, amended by No. 28/2023 s. 92.

(d) fail to surrender into custody in accordance with the bail undertaking.

Example to s. 5AAA(1) substituted by No. 32/2024 s. 903E.

A bail decision maker may impose a condition in order to reduce the likelihood that the accused may—

(a) drive dangerously; or

(b) commit a family violence offence; or

(c) commit an aggravated burglary; or

(d) commit an armed robbery; or

(e) commit a carjacking; or

(f) commit a home invasion.

(2) If a bail decision maker imposes one or more conditions, each condition and the number of conditions—

(a) must be no more onerous than is required to reduce the likelihood that the accused may do a thing mentioned in subsection (1)(a) to (d); and

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

S. 5AAA(2)(c) amended by No. 26/2017 s. 16(3).

(c) subject to subsection (3), must be consistent with each condition of each family violence intervention order, family violence safety notice or recognised DVO to which the accused is subject.

S. 5AAA(3) amended by No. 26/2017 s. 16(4).

(3) A bail decision maker may impose a condition that is inconsistent with a condition of a family violence intervention order, family violence safety notice or recognised DVO if the bail decision maker is satisfied that the proposed condition will better protect the safety or welfare of—

(a) an alleged victim of the offence with which the accused is charged; or

(b) a protected person (within the meaning of the Family Violence Protection Act 2008).

Note to s. 5AAA(3) substituted by No. 26/2017 s. 16(5).

Sections 175AA, 175AB and 175AC of the Family Violence Protection Act 2008 provide that if it is not possible to comply with both a bail condition and a family violence safety notice, a family violence intervention order or a recognised DVO, the safety notice, intervention order or recognised DVO prevails to the extent of the inconsistency.

S. 5AAA(3A) inserted by No. 32/2024 s. 902(1), amended by No. 34/2025 s. 16(3).

(3A) Subsections (2) and (3) apply in relation to Part 2A conditions in the same way that they apply in relation to any other condition.

S. 5AAA(4) amended by No. 32/2024 s. 905(1).

(4) Without limiting section 5(2), a bail decision maker may impose all or any of the following conditions about the conduct of an accused—

(a) reporting to a police station;

(b) residing at a particular address;

(c) subject to subsection (5), a curfew imposing times at which the accused must be at their place of residence;

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

Witnesses, alleged victims or co-accused.

(e) surrender of the accused's passport;

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

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

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

Note to s. 5AAA(4)(g) inserted by No. 28/2023 s. 34(1).

If the accused is an Aboriginal person, see subsection (4A).

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

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

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

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

S. 5AAA(4A) inserted by No. 28/2023 s. 34(2).

(4A) If a bail decision maker is imposing a condition referred to in subsection (4)(g), and the accused is an Aboriginal person, the bail decision maker must take into account that it is important for the bail support services that Aboriginal people attend and participate in to be Aboriginal bail support services where that is appropriate, and where such services are available.

In making a determination under this Act in relation to an Aboriginal person, a bail decision maker must take into account the issues set out in section 3A(1).

(5) If a bail decision maker imposes a curfew on an accused as a conduct condition, the period of curfew imposed must not exceed 12 hours within a 24-hour period.

(6) A condition imposed by a bail decision maker continues to be binding on the accused until it is varied or revoked or the matter in relation to which it was imposed is finally determined by a court.

S. 5AAA(7) inserted by No. 32/2024 s. 902(2), substituted by No. 34/2025 s. 14.

(7) A bail decision maker must not impose an electronic monitoring condition except—

(a) in accordance with subsection (8); or

(b) in accordance with Part 2A.

Part 2A provides for a trial of the electronic monitoring of children on bail in certain circumstances.

S. 5AAA(8) inserted by No. 34/2025 s. 14.

(8) A bail decision maker may impose an electronic monitoring condition if—

(a) the bail decision maker is not making an applicable decision within the meaning of Part 2A; and

(b) the monitoring required or facilitated by the condition is to be carried out by a prescribed entity; and

(c) the prescribed requirements (if any) are met.

S. 5AAA(9) inserted by No. 34/2025 s. 14.

(9) Nothing in subsection (7) or (8)—

(a) limits what a bail decision maker may do under Part 2A; or

(b) otherwise affects the operation of that Part.

S. 5AAB (Heading) substituted by No. 28/2023 s. 44(1).

S. 5AAB inserted by No. 26/2017 s. 6.

5AAB Bail decision maker to have regard to means of accused or bail guarantor

S. 5AAB(1) amended by No. 28/2023 s. 44(2).

(1) If a bail decision maker is considering, in accordance with section 5(2)(b), imposing a condition that requires a deposit of money of a specified amount, the bail decision maker must have regard to the means of the accused in determining—

(a) whether to impose the condition; and

(b) the amount of money to be deposited.

(2) If a bail decision maker is satisfied under subsection (1) that the accused does not have sufficient means to satisfy a condition requiring a deposit of money of a specified amount, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).

S. 5AAB(3) amended by No. 28/2023 s. 44(3)(a)(b).

(3) If a bail decision maker is considering imposing a condition that requires a bail guarantee, the bail decision maker must have regard to the means of a proposed bail guarantor in determining—

(a) whether to impose the condition; and

S. 5AAB(3)(b) amended by No. 28/2023 s. 44(3)(c).

(b) the amount of the bail guarantee.

S. 5AAB(4) amended by No. 28/2023 s. 44(4).

(4) If a bail decision maker is satisfied under subsection (3) that the accused is unable to provide a bail guarantor with sufficient means, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).

S. 5AA inserted by No. 1/2016 s. 11.

5AA Conditions of bail granted to a child in certain circumstances

S. 5AA(1) amended by No. 26/2017 s. 15(2).

(1) This section applies if an accused who is a child is granted bail by a bail justice, police officer, the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014.

S. 5AA(2) amended by No. 26/2017 ss 14(3), 15(2).

(2) The court, at the first hearing following the grant of bail at which the child is present, must ensure that the conditions of bail imposed by the bail justice, police officer, sheriff or person authorised under section 115(5) of the Fines Reform Act 2014 comply with the requirements of section 5AAA(2).

(3) The court may make any variations to the conditions of bail that are necessary for the purposes of subsection (2).

S. 5A (Heading) amended by Nos 48/2006 s. 42(Sch. item 4.2), 68/2009 s. 97(Sch. item 11.5).

S. 5A inserted by No. 21/2005 s. 60.

5A Power to return accused to youth justice centre

S. 5A(1) amended by Nos 68/2009 s. 97(Sch. item 11.6), 43/2017 s. 38(1).

(1) Despite anything in this Act, if—

S. 5A(1)(a) amended by Nos 48/2006 s. 42(Sch. item 4.3), 68/2009 s. 97(Sch. item 11.6).

(a) the accused in a criminal proceeding in the Supreme Court or the County Court is a person undergoing a sentence of detention in a youth justice centre; and

(b) the Supreme Court or the County Court, as the case may be, adjourns the proceeding—

the Supreme Court or the County Court may, subject to subsection (3), instead of remanding the accused in custody—

S. 5A(1)(c) amended by Nos 68/2009 s. 97(Sch. item 11.6), 28/2023 s. 110(2).

(c) direct that the accused be returned to the custody of the Secretary to the Department of Justice and Community Safety until the end of the sentence of detention or the resumption of the hearing, whichever is the sooner; and

(d) either—

S. 5A(1)(d)(i) amended by Nos 68/2009 s. 97(Sch. item 11.6), 70/2010 s. 9, 28/2023 s. 112.

(i) grant the accused bail on a condition that the accused is not to be admitted to bail until the end of the sentence of detention; or

S. 5A(1)(d)(ii) amended by No. 68/2009 s. 97(Sch. item 11.6).

(ii) refuse bail and direct that the accused be brought before the Supreme Court or the County Court, as the case may be, at a later date for it to consider the granting of bail.

S. 5A(2) amended by No. 68/2009 s. 97(Sch. item 11.6).

(2) In this section, the end of the sentence of detention means the time when the accused is released from custody, whether on parole or otherwise.

S. 5A(3) inserted by No. 43/2017 s. 38(2), amended by Nos 3/2018 s. 28, 28/2023 s. 110(3).

(3) If the Secretary to the Department of Justice and Community Safety objects to the accused being returned to a youth justice centre under subsection (1), the Supreme Court or the County Court may only order that the accused is to be returned to a youth justice centre under that subsection if the Supreme Court or the County Court has considered—

(a) the antecedents and behaviour of the accused; and

(b) the age and maturity of the accused; and

(c) any evidence of the behaviour of the accused in custody; and

(d) whether an application has been made to the Youth Parole Board regarding the custody of the accused; and

(e) any other relevant factor.

Note to s. 5A amended by No. 68/2009 s. 97(Sch. item 11.7).

See also section 333 of the Criminal Procedure Act 2009.

S. 6 amended by No. 68/2009 s. 97(Sch. items 11.1, 11.8), repealed by No. 3/2018 s. 23(3).

7 Opposing bail

S. 7(1) amended by Nos 26/2017 s. 14(4), 3/2018 s. 23(4), 28/2023 s. 72(1).

(1) Where the prosecutor intends to oppose the grant of bail to any person the prosecutor shall so state to the bail decision maker and the bail decision maker may, before or at any time during the course of the application for bail, make an order directing that the evidence taken, the information given, and the representations made and the reasons (if any) given or to be given by the bail decision maker shall not be published by any means—

S. 7(1)(a) amended by No. 68/2009 s. 97(Sch. items 11.1, 11.9).

(a) if a committal proceeding is held—before the accused in respect of whom the application is made is discharged; or

S. 7(1)(b) amended by No. 68/2009 s. 97(Sch. item 11.1).

(b) if the accused in respect of whom the application is made is tried or committed for trial—before the trial is ended.

S. 7(2) amended by Nos 9554
s. 2(2)(Sch. 2 item 18), 28/2023 s. 72(2).

(2) Any person who fails without lawful excuse, the proof of which lies upon the person, to comply with an order made under subsection (1) shall be guilty of an offence against this Act.

1. 15 penalty units or imprisonment for three months.

S. 8 amended by No. 69/2009 s. 54(Sch. Pt 1 item 4) (ILA s. 39B(1)).

8 Application for bail

(1) In any proceedings with respect to bail—

S. 8(1)(aa) inserted by No. 28/2023 s. 113(1).

(aa) the bail decision maker is not bound by the rules of evidence;

S. 8(1)(a) amended by Nos 26/2017 s. 14(5), 6/2018 s. 68(Sch. 2 item 13.1).

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

S. 8(1)(b) amended by Nos 68/2009 s. 97(Sch. item 11.1), 26/2017 s. 14(5), 28/2023 s. 73(a).

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

S. 8(1)(c) amended by No. 3/2018 s. 23(4).

(c) the prosecutor may, in addition to any other relevant evidence, submit evidence, whether by affidavit or otherwise—

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

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

S. 8(1)(c)(iia) inserted by No. 26/2017 s. 7.

(iia) to show that there is a risk that the accused may subject another person to family violence;

S. 8(1)(c)(iii) amended by No. 28/2023 s. 73(b).

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

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

S. 8(1)(d) amended by Nos 35/1996 s. 453(Sch. 1 item 8.1), 26/2017 s. 14(5), 28/2023 s. 73(c).

(d) the bail decision maker may take into consideration any relevant matters agreed upon by the informant or prosecutor and the accused or the accused's legal practitioner; and

S. 8(1)(e) amended by No. 26/2017 s. 14(5)(6).

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

S. 8(2) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 4), amended by No. 28/2023 s. 113(2).

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

S. 8(3) inserted by No. 3/2018 s. 11.

(3) A bail decision maker may adjourn the hearing of a proceeding with respect to bail for up to 4 hours if satisfied that the accused appears to be seriously affected by alcohol or another drug or a combination of drugs.

S. 8(4) inserted by No. 3/2018 s. 11.

(4) On adjourning a hearing under subsection (3), the bail decision maker may remand the accused in custody until the further hearing of the matter.

S. 8(5) inserted by No. 3/2018 s. 11.

(5) Subsection (6) applies if, on the first further hearing of a matter adjourned under subsection (3), the bail decision maker is satisfied that the accused still appears to be seriously affected by alcohol or another drug or a combination of drugs.

S. 8(6) inserted by No. 3/2018 s. 11.

(6) The bail decision maker may adjourn the hearing of the matter for one further period of up to 4 hours and remand the accused in custody until the next hearing of the matter.

S. 8AA inserted by No. 32/2018 s. 89.

8AA Court to make preliminary determination if terrorism risk alleged

(a) a court is considering whether to grant bail to a person who is accused of an offence (other than a person arrested on an enforcement warrant issued under the Fines Reform Act 2014); and

(b) the step 1—exceptional circumstances test does not apply to that decision by operation of section 4AA(2)(a), (c) or (d); and

(c) the prosecutor—

(i) states that the prosecutor has terrorism risk information in respect of the accused; and

(ii) alleges that this information shows that there is a risk that the accused will commit a terrorism or foreign incursion offence.

1 If a prosecutor makes such an allegation before a bail decision maker other than a court, that bail decision maker cannot grant bail. See sections 10(5AA) and 10A(5AA).

2 See section 4AA(1) and (2) for when the step 1—exceptional circumstances test applies.

(2) Before determining whether to grant bail, the court must determine whether there is a risk that the accused will commit a terrorism or foreign incursion offence.

If the court determines that there is such a risk, a different step 1 test applies to the decision of whether to grant bail. See section 4AA(2)(b) and (4)(b).

(3) For the purposes of subsection (2), but subject to subsection (4), the court must have regard to any terrorism risk information provided to the court.

(4) The court must not have regard to terrorism risk information regarding the accused having, or having had, an association referred to in section 3AAA(1)(n)(i),(ii) or (iii) unless the court is satisfied that the accused knew—

(a) that the person or group had expressed support for—

(b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(c) that the group was a terrorist organisation.

(5) Nothing in this section prevents the court from considering, under section 4E, whether there is an unacceptable risk an accused would, if released on bail, commit a terrorism or foreign incursion offence.

S. 8A inserted by No. 3/2018 s. 12.

8A Refusal of bail—any offence—insufficient information

A bail decision maker may refuse bail for a person accused of any offence if satisfied that it has not been practicable to obtain sufficient information for the purpose of deciding the matter because of the shortness of the period since the commencement of the proceeding for the offence.

S. 8B inserted by No. 3/2018 s. 12.

8B Refusal of bail—offence involving serious injury—uncertainty as to death or recovery

(1) This section applies in relation to an application for bail made by or on behalf of a person accused of an offence of causing injury to another person.

(2) A bail decision maker may refuse bail if at the time of deciding the application it is uncertain whether the person injured will die or recover from the injury.

S. 9 (Heading) inserted by No. 28/2023 s. 45(1).

9 Bail guarantor

S. 9(1) amended by Nos 9075
s. 5(2), 28/2023 s. 45(2).

(1) Every bail guarantor shall be a person who has attained the age of eighteen years who is not under any disability in law and is worth not less than the amount of the bail in real or personal property or both.

S. 9(2) amended by Nos 68/2009 s. 97(Sch. item 11.1), 28/2023 s. 45(3)(a)(b).

(2) Where an accused is required to provide one or more bail guarantors regard may be had in considering the suitability of a proposed bail guarantor to the following in addition to any other relevant matters—

S. 9(2)(a) amended by No. 28/2023 s. 45(3)(c).

(a) the proposed bail guarantor's financial resources;

S. 9(2)(b) amended by No. 28/2023 s. 74(1)(a).

(b) the proposed bail guarantor's character and any previous convictions; and

S. 9(2)(c) amended by No. 28/2023 s. 74(1)(b).

(c) the proposed bail guarantor's proximity (whether in point of kinship place of residence or otherwise) to the accused.

S. 9(2A) inserted by No. 70/2010 s. 10(1), amended by No. 28/2023 s. 45(4).

(2A) If an objection to a proposed bail guarantor is raised, the suitability of the proposed bail guarantor is to be determined by a magistrate or judge.

S. 9(3) substituted by No. 9158
s. 3(a), amended by Nos 68/2009 s. 97(Sch. item 11.1), 26/2017 s. 14(7), 28/2023 s. 45(5)(a).

(3) Before admitting an accused to bail with one or more bail guarantors the bail decision maker or other person authorized by section 27 shall—

S. 9(3)(a) amended by No. 28/2023 s. 45(5)(b).

(a) be satisfied of the sufficiency of the means of each bail guarantor and for this purpose may require a proposed bail guarantor to—

(i) lodge in cash the amount of the bail; or

S. 9(3)(a)(ii) amended by Nos 51/1989
s. 142(e), 11/2001 s. 3(Sch. item 5), substituted by No. 70/2010 s. 10(2).

(ii) lodge a document that is evidence of the ownership and the value of property or any other asset to the amount of the bail; and

Examples of documents that may be required are a copy of a certificate of title for the property or a search of the title of the land, a current rate notice that includes a valuation of the property, an independent valuation of the property or a bank statement of a mortgage account in relation to the property.

S. 9(3)(b) amended by No. 84/1997
s. 5(1), substituted by No. 70/2010 s. 10(3), amended by No. 28/2023 ss 45(5)(c), 74(2).

(b) require each proposed bail guarantor to make an affidavit of justification for bail before the bail decision maker or other person authorized by section 27; and

S. 9(3)(c) inserted by No. 70/2010 s. 10(3), amended by No. 28/2023 ss 45(5)(c), 93(1).

(c) require each proposed bail guarantor to sign the bail undertaking.

S. 9(3A) inserted by No. 84/1997
s. 5(2), amended by No. 69/2009 s. 54(Sch. Pt 2 item 6), substituted by No. 70/2010 s. 10(4).

(3A) For the purposes of this section—

S. 9(3A)(a) amended by No. 28/2023 s. 45(6).

(a) a proposed bail guarantor may appear before a court within the meaning of section 3(1) of the Evidence (Miscellaneous Provisions) Act 1958 by audio visual link or audio link in accordance with Part IIA of that Act; or

S. 9(3A)(b) amended by Nos 26/2017 s. 14(8), 28/2023 s. 45(6).

(b) a proposed bail guarantor may give information to any other bail decision maker or to a person authorised by section 27 by audio visual link or audio link within the meaning of section 42C of that Act.

S. 9(3B) inserted by No. 84/1997
s. 5(2), amended by No. 68/2009 s. 97(Sch. item 11.1), substituted by No. 70/2010 s. 10(4).

(3B) If an audio visual link or an audio link is used as provided in subsection (3A)—

S. 9(3B)(a) amended by No. 28/2023 s. 93(2).

(a) the bail undertaking may be constituted by—

(i) the undertaking signed by the accused; and

S. 9(3B)(a)(ii) amended by Nos 11/2021 s. 25, 28/2023 s. 45(7)(a).

(ii) a copy of the undertaking signed by the accused which is transmitted to the bail guarantor by any means and signed by the bail guarantor (including by electronic signature); and

S. 9(3B)(a)(iii) amended by No. 26/2017 s. 14(9).

(iii) a copy of the document referred to in subparagraph (ii) which is transmitted back to the court or other person who is admitting the accused to bail;

(b) the affidavit of justification for bail may be constituted by—

S. 9(3B)(b)(i) substituted by No. 6/2018 s. 68(Sch. 2 item 13.2(a)), amended by No. 28/2023 s. 45(7)(b).

(i) the affidavit of the bail guarantor sworn or affirmed before an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018; and

S. 9(3B)(b)(ii) amended by Nos 26/2017 s. 14(9), 6/2018 s. 68(Sch. 2 item 13.2(b)).

(ii) a copy of that sworn or affirmed affidavit which is transmitted to the court or other person who is admitting the accused to bail.

S. 9(3C) inserted by No. 70/2010 s. 10(4), amended by No. 26/2017 s. 14(9).

(3C) The court or other person may act on a copy of a document which is transmitted in accordance with subsection (3B).

S. 9(3D) inserted by No. 70/2010 s. 10(4), amended by Nos 26/2017 s. 14(9), 6/2018 s. 68(Sch. 2 item 13.3), 28/2023 s. 45(8).

(3D) A bail guarantor who under subsection (3B)—

S. 9(3D)(a) amended by No. 28/2023 s. 93(3).

(a) signs a copy of a bail undertaking; or

S. 9(3D)(b) amended by No. 6/2018 s. 68(Sch. 2 item 13.3).

(b) transmits a copy of a sworn or affirmed affidavit of justification for bail—

without delay must send the signed copy of the undertaking or the original sworn or affirmed affidavit (as the case may be) to the court or other person who admitted the accused to bail.

S. 9(4) repealed by No. 6/2018 s. 68(Sch. 2 item 13.4).

S. 9(5) amended by No. 9158
s. 3(b)(i).

(5) A court or other person—

S. 9(5)(a) amended by Nos 9158
s. 3(b)(ii), 6/2018 s. 68(Sch. 2 item 13.5), 28/2023 s. 74(3).

(a) before which or whom an affidavit of justification is made may administer an oath or affirmation to the deponent and shall ask any questions which are required by any Act or law to be asked in the circumstances or which appear to the court or other person to be necessary.

S. 9(5)(b) amended by No. 9158
s. 3(b)(iii), repealed by No. 6/2018 s. 68(Sch. 2 item 13.6).

S. 9(6) amended by Nos 68/2009 s. 97(Sch. item 11.1), 6/2018 s. 68(Sch. 2 item 13.7), 28/2023 ss 45(9), 74(4).

(6) Where it appears to a court that a bail guarantor has sworn or affirmed an affidavit of justification which the bail guarantor knew to be false in a material particular the court may declare the bail to be forfeited and issue its warrant for the apprehension of the accused.

S. 9(7) inserted by No. 9158
s. 3(c), substituted by No. 70/2010 s. 10(5), amended by No. 28/2023 s. 45(10).

(7) If a bail guarantor has lodged a document that is evidence of ownership of property or any other asset under subsection (3), the bail guarantor may lodge in cash the amount of the bail and receive the document in return.

S. 9(7A) inserted by No. 70/2010 s. 10(5), amended by No. 28/2023 s. 45(10).

(7A) If a bail guarantor lodges cash under subsection (7), the affidavit of justification of bail made by the bail guarantor must be endorsed to the effect that the type of security has been changed.

S. 9(8) inserted by No. 9158
s. 3(c), amended by No. 28/2023 s. 45(11).

(8) Where a bail guarantor has pursuant to this section lodged in cash the amount of the bail the court or person with whom the cash is lodged shall issue a receipt for the money.

S. 10 amended by Nos 51/1989 s. 142(f), 32/2006 s. 91(1)–(3), 37/2014 s. 10(Sch. item 8.2), 47/2014 s. 250 (as amended by No. 59/2017 s. 103), 1/2016 s. 12, substituted by No. 26/2017 s. 8.

10 Power of police officer, sheriff or authorised person to grant or refuse bail

(1) This section applies if a person is arrested and it is not practicable to bring the person before a court immediately after the person is taken into custody or, if questioning or investigation under section 464A(2) of the Crimes Act 1958 has commenced, immediately on the expiration of the reasonable time referred to in section 464A(1) of that Act.

S. 10(2) amended by No. 26/2017 s. 15(3).

(2) A police officer of or above the rank of sergeant or for the time being in charge of a police station, the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 (as the case requires) must, without delay, consider whether to grant bail to the person in accordance with this Act.

(3) If the person is a child, the bail decision maker must ensure that a parent or guardian of the child, or an independent person, is present during the proceeding in relation to bail.

See also section 5AA (conditions of bail granted to a child in certain circumstances).

(4) An independent person present in accordance with subsection (3) may take steps to facilitate the granting of bail, for example, by arranging accommodation.

S. 10(5) amended by No. 26/2017 s. 15(3).

(5) The police officer, the sheriff or person authorised under section 115(5) of the Fines Reform Act 2014, in accordance with this Act, may grant or refuse bail.

Note to s. 10(5) substituted by No. 26/2017 s. 14(10), substituted as Notes by No. 3/2018 s. 23(6), substituted as Note by No. 32/2018 s. 90(1), amended by Nos 28/2023 s. 4, 34/2025 s. 19(1).

Sections 13, 13AA and 13A specify circumstances in which only a court may grant bail. These circumstances relate to—

• certain instances in which the step 1—exceptional circumstances test applies;

• certain terrorism or foreign incursion offences;

• accused persons who have a terrorism record;

• persons accused of Schedule 2 offences who are already on 2 or more bail undertakings in relation to other indictable offences.

S. 10(5AA) inserted by No. 32/2018 s. 90(2).

(5AA) The bail decision maker is prohibited from granting bail if the prosecutor—

(a) states that the prosecutor has terrorism risk information in respect of the accused; and

(b) alleges that this information shows that there is a risk that the accused will commit a terrorism or foreign incursion offence.

S. 10(5A) inserted by No. 3/2018 s. 13(1), amended by Nos 3/2018 s. 23(5), 32/2018 s. 90(3).

(5A) If the bail decision maker is prohibited by subsection (5AA) or section 13, 13AA or 13A from granting bail to the arrested person, the bail decision maker must—

(a) refuse to consider whether to grant or refuse bail; and

(b) bring the person before a court as soon as practicable.

S. 10(5B) inserted by No. 3/2018 s. 13(1), amended by Nos 3/2018 s. 24(1), 28/2023 s. 94.

(5B) Subsection (5C) applies if a bail decision maker who is the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 decides to grant bail but the person refuses to give a bail undertaking.

S. 10(5C) inserted by No. 3/2018 s. 13(1).

(5C) Despite subsection (2), the bail decision maker may take and safely convey the person to a bail decision maker who is a police officer for their consideration.

S. 10(6) substituted by No. 3/2018 s. 13(2).

(6) If bail is refused under subsection (5) and the arrested person is not a person to whom section 10AA applies, the bail decision maker must—

(a) endorse on the warrant, file or other papers relating to the arrested person or in any register or record of persons in custody the reasons for refusing bail; and

(b) if it is then within ordinary court sitting hours, cause the arrested person to be brought before a court as soon as practicable and advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and

(c) if it is then outside ordinary court sitting hours, advise the arrested person that they are entitled, should they so wish, to apply to a bail justice for bail and—

(i) if the arrested person wishes to so apply for bail, cause the arrested person to be brought before a bail justice as soon as practicable; or

(ii) if the arrested person does not wish to so apply for bail, cause the arrested person to be brought before a court as soon as practicable and advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and

(d) cause to be produced before the court or bail justice a copy of the endorsement mentioned in paragraph (a); and

(e) give the person a written statement setting out the provisions of this subsection and of subsection (5).

S. 10(6A) inserted by No. 3/2018 s. 13(2).

(6A) If bail is granted but the arrested person objects to the amount fixed for bail or any condition of bail, the bail decision maker must—

(a) advise the arrested person that they are entitled, should they so wish, to apply to a court or, if it is then outside ordinary court sitting hours, to a bail justice for variation of the amount of bail or conditions of bail; and

(b) give the person a written statement setting out the provisions of this subsection and of subsections (5), (7) and (8).

S. 10(6B) inserted by No. 3/2018 s. 24(2).

(6B) Subsection (6A) does not apply to a person arrested on an enforcement warrant issued under the Fines Reform Act 2014.

S. 10(7) substituted by No. 3/2018 s. 13(3).

(7) Subsection (8) applies if the arrested person elects under subsection (6A) to apply for variation of the amount of bail or conditions of bail.

S. 10(8) inserted by No. 3/2018 s. 13(3).

(8) The bail decision maker must cause the arrested person to be brought before a court as soon as practicable or, if it is then outside ordinary court sitting hours, before a bail justice.

S. 10AA inserted by No. 3/2018 s. 14.

10AA Police remand

S. 10AA(1) amended by No. 3/2018 s. 23(7).

(1) Subject to subsection (2), this section applies to any arrested person mentioned in section 10(1) and for whom bail is refused under section 10(5) by a bail decision maker who is a police officer of or above the rank of sergeant or for the time being in charge of a police station.

(2) This section does not apply to an arrested person who is—

(a) a child; or

(b) a vulnerable adult; or

(c) an Aboriginal person; or

S. 10AA(2)(d) amended by No. 3/2018 s. 24(3).

(d) a person arrested on an enforcement warrant issued under the Fines Reform Act 2014.

(3) For the purposes of this section—

(a) a person may be considered to be a vulnerable adult or an Aboriginal person if the police officer is of the opinion that the person is such a person; and

(b) a police officer, in considering whether an arrested person is an Aboriginal person, must have regard to any statement made by the arrested person (whether or not in response to a question asked by the police officer) as to whether they are an Aboriginal person.

(4) If bail is refused under section 10(5) for a person to whom this section applies, the police officer must—

(a) endorse on the warrant, file or other papers relating to the arrested person or in any register or record of persons in custody the reasons for refusing bail; and

(b) remand the person in custody to appear before a court as soon as practicable within the period of 48 hours after being so remanded; and

(c) cause to be produced before the court a copy of the endorsement mentioned in paragraph (a); and

(d) advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and

(e) give the person a written statement setting out the provisions of this section and of section 10(5).

(5) The police officer must not remand the person in custody under subsection (4)(b) if the police officer considers that it is not practicable for the person to be brought before a court within the next 48 hours (including appearing before it by audio visual link).

(6) In the circumstances mentioned in subsection (5) the person must be brought before a bail justice as soon as practicable.

(7) If a person remanded in custody under subsection (4)(b) is not brought before a court within 48 hours after being so remanded, the person must be brought before a bail justice as soon as practicable after the expiry of that period of 48 hours.

S. 10A inserted by No. 26/2017 s. 8.

10A Power of bail justice to grant or refuse bail

S. 10A(1) amended by No. 3/2018 ss 15(1), 23(8).

(1) This section applies if a person in custody is brought before a bail justice, whether as a result of being brought before the bail justice in accordance with section 10(6) or (8) or 10AA(6) or (7) of this Act or section 64(2)(a) or 78(2)(a) of the Magistrates' Court Act 1989 or being otherwise before the bail justice.

S. 10A(2) amended by No. 3/2018 s. 23(9).

(2) The bail justice must hear and determine any application made for bail or for variation of the amount of bail or conditions of bail, or for remand in custody, in respect of the person.

S. 10A(2A) inserted by No. 3/2018 s. 15(2).

(2A) If the person is brought before the bail justice because a police officer, on refusing bail for the person under section 10(5), was of the opinion that the person was an Aboriginal person or a vulnerable adult, the bail justice is not required to consider whether the person is such a person but may rely on the opinion of the police officer.

(3) If the person is a child, the bail justice must ensure that a parent or guardian of the child, or an independent person, is present during the hearing of the application.

See also section 5AA (conditions of bail granted to a child in certain circumstances).

(4) An independent person present in accordance with subsection (3) may take steps to facilitate the granting of bail, for example, by arranging accommodation.

(5) The bail justice, in accordance with this Act, may grant or refuse bail.

Note to s. 10A(5) substituted by No. 26/2017 s. 14(10), substituted as Notes by No. 3/2018 s. 23(6), substituted as Note by No. 32/2018 s. 91(1), amended by Nos 28/2023 s. 5, 34/2025 s. 19(2).

Sections 13, 13AA and 13A specify circumstances in which only a court may grant bail. These circumstances relate to—

• certain instances in which the step 1—exceptional circumstances test applies;

• certain terrorism or foreign incursion offences;

• accused persons who have a terrorism record;

• persons accused of Schedule 2 offences who are already on 2 or more bail undertakings in relation to other indictable offences.

S. 10A(5AA) inserted by No. 32/2018 s. 91(2).

(5AA) The bail justice is prohibited from granting bail if the prosecutor—

(a) states that the prosecutor has terrorism risk information in respect of the accused; and

(b) alleges that this information shows that there is a risk that the accused will commit a terrorism or foreign incursion offence.

S. 10A(5AAB) inserted by No. 32/2018 s. 91(2).

(5AAB) If the bail justice is prohibited by subsection (5AA) or section 13, 13AA or 13A from granting bail to the person, the bail justice must refuse to consider whether to grant or refuse bail.

Section 10B requires that the informant must bring the person before a court as soon as practicable.

S. 10A(5A) inserted by No. 3/2018 s. 15(3).

(5A) A bail justice who grants bail must certify on the remand warrant—

(a) consent to the person being bailed; and

S. 10A(5A)(b) amended by No. 28/2023 s. 46.

(b) the amount specified in any bail guarantee; and

(c) any conditions of bail.

(6) A bail justice who refuses bail must remand the person in custody to appear before a court—

(a) on the next working day; or

(b) within 2 working days if—

(i) the next working day is not practicable; or

(ii) the person is a child and the proper venue of the Children's Court is in a region of the State prescribed under the Children, Youth and Families Act 2005.

S. 10A(7) inserted by No. 3/2018 s. 15(4).

(7) On remanding the person in custody under subsection (6), the bail justice must certify on the remand warrant a statement of the refusal of bail and of the grounds for it.

S. 10B inserted by No. 32/2018 s. 92.

10B Informant must bring person to court if bail justice prohibited from granting bail

(1) This section applies if a bail justice is prohibited by section 10A(5AA), 13, 13AA or 13A from granting bail to a person.

Section 10A(5AAB) requires that the bail justice must refuse to consider whether to grant or refuse bail in these circumstances.

(2) The informant must cause the person to be brought before a court as soon as practicable.

No. 7405 s. 19.

11 Cash deposit as security for penalty

S. 11(1) amended by Nos 37/2014 s. 10(Sch. item 8.3), 6/2021 s. 12, 28/2023 s. 75(1).

(1) Where a person is apprehended for an offence against section 17 of the Summary Offences Act 1966 a police officer of or above the rank of sergeant or for the time being in charge of a police station shall in addition to any power the police officer may have to release such person on bail have power to release the person on the person's making a deposit of such amount not exceeding $50 as the police officer thinks reasonable as security for the payment of any penalty that may be imposed as punishment for the person's offence.

S. 11(2) amended by Nos 37/2014 s. 10(Sch. item 8.3), 28/2023 s. 75(2).

(2) Upon releasing a person under this section the police officer shall notify the person that the person is required to appear before a court at a certain time and place and that if the person fails to appear accordingly the charge may be heard in the person's absence and that the deposit will be appropriated to the payment or part payment of any fine that may be imposed by the court and that any surplus thereof will be paid into the Consolidated Fund but that if the person appears to answer to the charge any surplus will be refunded to the person.

S. 11(3) amended by No. 28/2023 s. 75(3).

(3) Notwithstanding anything to the contrary in any Act or law, where any person who is released in accordance with the provisions of this section fails to appear at the time and place notified to the person the charge may be heard and determined in the person's absence and the deposit lodged by the person shall be appropriated to the payment or part payment of any fine that may be imposed by the court and any surplus thereof shall be paid into the Consolidated Fund.

S. 11(4) amended by No. 28/2023 s. 75(4).

(4) Where a person who is released in accordance with the provisions of this section appears to answer to the charge any surplus shall be refunded to the person.

S. 11(5) amended by Nos 68/2009 s. 97(Sch. item 11.10), 37/2014 s. 10(Sch. item 8.3).

(5) A statement in the prescribed form purporting to be signed by the police officer who released a person under this section shall be prima facie evidence that the accused was released and notified in accordance with the provisions of subsections (1) and (2).

S. 12 amended by Nos 9427 s. 6(1)(Sch. 5 item 7), 51/1989 s. 142(g), 84/1997 s. 6, 68/2009 s. 97(Sch. items 11.11, 11.12), 70/2010 s. 11, 1/2016 s. 13, substituted by No. 26/2017 s. 9.

12 Power of court to grant or refuse bail

S. 12(1) amended by Nos 3/2018 ss 16(1), 23(10), 32/2018 s. 93(1).

(1) This section applies if a person in custody is before a court, whether as a result of being brought before it in accordance with section 10(6) or (8), 10AA(4) or 10A(5AAB) or (6) of this Act or section 64(2)(a) of the Magistrates' Court Act 1989 or being otherwise before it.

S. 12(2) amended by No. 3/2018 s. 23(9).

(2) The court must hear and determine any application made for bail or for variation of the amount of bail or conditions of bail, or for remand in custody, in respect of the person.

(3) The court, in accordance with this Act, may grant or refuse bail.

Note to s. 12(3) substituted by Nos 26/2017 s. 14(10), 32/2018 s. 93(2).

Section 13(1) and (2) set out circumstances in which only the Supreme Court, or a court on committing a person to trial for murder, may grant bail.

S. 12(3AA) inserted by No. 28/2023 s. 114.

(3AA) Additionally, the court may allow the person to go at large if—

(a) the court considers it appropriate to do so; and

(b) the court is not required to refuse bail.

S. 12(3A) inserted by No. 3/2018 s. 16(2), substituted by No. 32/2018 s. 93(3).

(3A) A court that grants bail for a person accused of an offence must record on the remand warrant, file or other papers—

(a) consent to the person being bailed; and

S. 12(3A)(b) amended by No. 28/2023 s. 47.

(b) the amount specified in any bail guarantee; and

(c) any conditions of bail.

(4) If the court refuses bail, it must—

(a) remand the person in custody to appear before a court at a later date, which must not be for a period longer than 21 clear days in the case of a child; and

(b) certify on the remand warrant a statement of the refusal and of the grounds for it.

(5) If a child is brought before a court on the expiry of a period of remand in custody, the court must not remand the child in custody for a further period longer than 21 clear days.

S. 12A inserted by No. 3/2018 s. 17, substituted by No. 32/2018 s. 94.

12A When bail decision maker must state reasons for granting bail

(1) This section applies if a bail decision maker grants bail in circumstances where, under section 4AA—

(a) the step 1—exceptional circumstances test applies; or

(b) the step 1—show compelling reason test applies.

(2) If the bail decision maker is a court, the court must include in the order granting bail a statement of reasons for granting bail.

(3) Otherwise, the bail decision maker must record and transmit a statement of reasons as required by the regulations.

S. 12B inserted by No. 3/2018 s. 18.

12B Persons subject to a summons to answer to a charge

(a) a person subject to a summons to answer to a charge for an offence is before a court (other than the Children's Court) on a hearing in the criminal proceeding relating to the charge; and

(b) the hearing of the criminal proceeding is to be adjourned.

S. 12B(2) amended by No. 28/2023 s. 10(1)(a).

(2) Subject to subsection (2A), the court may, on an application made by the prosecutor or on its own initiative—

S. 12B(2)(a) amended by No. 28/2023 s. 10(1)(b).

(a) remand the person in custody to appear before the court on the resumption of the hearing; or

S. 12B(2)(b) amended by No. 28/2023 s. 10(1)(b).

(b) in accordance with this Act, grant the person bail.

S. 12B(2A) inserted by No. 28/2023 s. 10(2).

(2A) The court must not refuse bail if—

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

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

(c) no exception under subsection (2B) applies.

S. 12B(2B) inserted by No. 28/2023 s. 10(2).

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

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

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

S. 12B(2C) inserted by No. 28/2023 s. 10(2).

(2C) If, under subsection (2A), the court must not remand the person, the court must instead either—

(a) grant the person bail; or

(b) allow the person to go at large.

(3) Nothing in this section—

(a) affects the operation of section 331 of the Criminal Procedure Act 2009; or

S. 12B(3)(b) amended by No. 28/2023 s. 10(3).

(b) prevents the court allowing the person to go at large, including on refusing an application made by the prosecutor under subsection (2).

S. 13 (Heading) substituted by Nos 26/2017 s. 11(1), 32/2018 s. 95(1).

S. 13 amended by No. 9690 s. 3, substituted by No. 10084 s. 18(1)(b), amended by Nos 10257 s. 77, 68/2009 s. 97(Sch. item 11.1), substituted by No. 26/2017 s. 10.

13 Treason, murder, certain other offences

(1) Only the Supreme Court may grant bail to a person accused of treason.

S. 13(2) amended by No. 3/2018 s. 23(11).

(2) Only the Supreme Court, or a court on committing the person for trial, may grant bail to a person accused of murder.

S. 13(3) inserted by No. 26/2017 s. 11(2), amended by No. 3/2018 s. 19(1), substituted by Nos 32/2018 s. 95(2), 28/2023 s. 6(1).

(3) Only a court may grant bail—

(a) to a person accused of a Schedule 1 offence; or

(b) subject to subsection (4), on any other decision to which, under section 4AA, the step 1—exceptional circumstances test applies.

S. 13(4) inserted by No. 3/2018 s. 19(2), substituted by No. 32/2018 s. 95(2).

(4) Subsection (3) does not apply if the step 1—exceptional circumstances test applies only because of section 4AA(2)(c) or (d) and—

S. 13(4)(a) amended by No. 28/2023 s. 6(2)(a).

(a) the accused person is a child, a vulnerable adult or an Aboriginal person.

S. 13(4)(b) repealed by No. 28/2023 s. 6(2)(b).

S. 13(5) inserted by No. 3/2018 s. 19(2), substituted by No. 32/2018 s. 95(2).

(5) Only a court may grant bail to a person accused of an offence against—

(a) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or

(b) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth.

Section 15AA of the Crimes Act 1914 of the Commonwealth contains restrictions on the granting of bail for certain Commonwealth offences.

S. 13(6) inserted by No. 3/2018 s. 19(2), repealed by No. 32/2018 s. 95(3).

S. 13AA inserted by No. 32/2018 s. 96.

13AA Accused with terrorism record

Only a court may grant bail to a person who has a terrorism record, irrespective of the offence of which the person is accused.

S. 13A (Heading) amended by No. 34/2025 s. 19(3).

S. 13A inserted by No. 3/2018 s. 20.

13A Accused on 2 or more bail undertakings

S. 13A(1) amended by Nos 28/2023 s. 7(1), 34/2025 s. 19(4).

(1) This section applies to a person (other than a child, a vulnerable adult or an Aboriginal person) who is accused of a Schedule 2 offence and who is already on 2 or more bail undertakings in relation to other indictable offences.

(2) Only a court may grant bail to the person.

S. 13A(3) repealed by No. 28/2023 s. 7(2).

S. 14 amended by No. 68/2009 s. 97(Sch. item 11.1), repealed by No. 26/2017 s. 14(11).

S. 15 amended by Nos 51/1989
s. 142(h)(i), 68/2009 s. 97(Sch. items 11.1, 11.13), repealed by No. 70/2010 s. 12.

ss 26, 27.

16 Extension of bail

S. 16(1) amended by Nos 26/2017 s. 14(12), 28/2023 ss 48(1), 76(1), 95(1).

(1) Every bail undertaking may with the consent of each person offering themselves as a bail guarantor contain a provision for its extension without any further consent of all the bail guarantors upon such postponements or adjournments of the hearing as are from time to time directed, but nothing in this subsection shall prejudice in any way the right of each person offering themselves as a bail guarantor to elect to be bound with respect to a bail undertaking which may be extended only with that person's consent given at the time of the extension and no bail decision maker shall refuse to admit a person to bail on the ground only that a person offering themselves as a bail guarantor has so elected.

S. 16(2) amended by Nos 70/2010 s. 13, 28/2023 ss 48(2), 95(2)(b).

(2) Where a hearing is adjourned or postponed the time and place for the commencement of the sitting to which the hearing is adjourned or postponed shall be stated openly by the court, and the court—

S. 16(2)(a) amended by No. 28/2023 s. 48(2).

(a) with the consent of the bail guarantors; or

S. 16(2)(b) amended by No. 28/2023 ss 48(2), 95(2)(a).

(b) where the bail undertaking so provides—without the consent of the bail guarantors—

may extend the bail of the person charged, and thereupon the person charged shall be bound to attend at that time and place without giving a fresh bail undertaking and the bail guarantors shall be bound accordingly, or the court may make such order as to bail and as to the remand of the person charged in custody until bail is forthcoming as the court thinks fit.

S. 16(3) amended by Nos 20/2004 s. 11, 68/2009 s. 97(Sch. items 11.1, 11.14), 28/2023 ss 76(2), 95(3).

(3) Where a person charged with an offence or apprehended under a warrant is remanded in custody or committed to safe custody during an adjournment or released on bail and a court is satisfied—

S. 16(3)(a) inserted by No. 20/2004 s. 11, amended by No. 68/2009 s. 97(Sch. items 11.1, 11.14(a)).

(a) if the accused is remanded in custody or committed to safe custody, the accused is by reason of illness, accident or other sufficient cause unable to attend personally; or

S. 16(3)(b) inserted by No. 20/2004 s. 11, amended by No. 68/2009 s. 97(Sch. item 11.1).

(b) if the accused is released on bail, the accused is not present for sufficient cause—

on the day on which the accused is required to attend the court may, in the absence of the accused, order the accused to be further remanded for such time or committed to safe custody for such time as the court thinks fit and may order any bail undertaking to be extended so as to require the attendance of the accused at every time and place to which the accused is remanded or the hearing is adjourned.

S. 16(4) amended by Nos 51/1989
s. 142(j), 28/2023 s. 95(4).

(4) An endorsement on a bail undertaking to the effect that it has been extended by a court pursuant to the provisions of this section and stating the time and place at which the person charged is bound to attend and purporting to be signed by the person constituting the court shall be proof until the contrary is shown that the bail was so extended.

S. 16A inserted by No. 20/2004 s. 12, amended by Nos 68/2009 s. 97(Sch. items 11.1, 11.15), 28/2023 s. 49(a).

16A Written notice of extension of bail

A court extending bail must cause to be given to the accused and each bail guarantor, if any, for the attendance of the accused notice in writing stating that—

S. 16A(a) amended by No. 28/2023 s. 49(b).

(a) bail has been extended by the court in the absence of the accused and the bail guarantor; and

S. 16A(b) amended by No. 68/2009 s. 97(Sch. item 11.1).

(b) the date, time and place at which the accused is bound to attend; and

(c) the consequences of failure to attend at that time and place.

S. 16B (Heading) amended by No. 28/2023 s. 96(1).

S. 16B inserted by No. 1/2016 s. 14, amended by Nos 26/2017 s. 14(13), 28/2023 s. 96(2).

16B Capacity of child to give bail undertaking

If, in the opinion of a bail decision maker granting bail to a child, the child does not have the capacity or understanding to give a bail undertaking, the child may be released on bail if the child's parent or some other person gives an undertaking, in any amount which the bail decision maker thinks fit, to produce the child at the venue of the court to which the hearing of the charge is adjourned or the court to which the child is committed for trial.

17 Written notice of conditions of bail

S. 17(1) amended by Nos 68/2009 s. 97(Sch. item 11.1), 26/2017 s. 14(14), 28/2023 s. 77(1).

(1) A bail decision maker admitting an accused to bail shall cause to be given to the accused a notice in writing setting forth the obligations of the accused concerning the conditions of bail and the consequences of failure to comply with those conditions and shall be satisfied before releasing the accused that the accused understands the nature and extent of the conditions of bail and the consequences of failure to comply with them.

S. 17(2) amended by Nos 68/2009 s. 97(Sch. items 11.1, 11.16), 26/2017 s. 14(14), 28/2023 ss 50, 77(2).

(2) A bail decision maker admitting an accused to bail with one or more bail guarantees shall cause to be given to each bail guarantor notice in writing of the obligations of the accused concerning the conditions of bail and the consequences of failure to comply with those conditions and shall be satisfied before releasing the accused that each bail guarantor understands the nature and extent of the obligations of the accused under the conditions of bail and the consequences of failure to comply with them.

S. 17A (Heading) amended by No. 28/2023 s. 97(1).

S. 17A inserted by No. 11/2021 s. 26.

17A Electronic signature of bail undertaking by accused

S. 17A(1) amended by No. 28/2023 s. 97(2)(a)(b).

(1) Without limiting how an accused may give a bail undertaking, the requirements for an accused to give a bail undertaking are satisfied if—

(a) the bail decision maker, or another authorised person, sends a copy of the undertaking and a copy of the section 17 notice to the accused by electronic communication; and

(b) the accused, by return electronic communication to, or audio visual link with, the bail decision maker or authorised person confirms that the accused—

(i) has received a copy of the section 17 notice; and

(ii) understands the nature and extent of the conditions of the accused's bail; and

S. 17A(1)(b)(iii) amended by No. 32/2024 s. 906(4).

(iii) understands the consequences of the failure to comply with the bail undertaking or the conditions of bail; and

(c) the accused, by return electronic communication to the bail decision maker or authorised person signs the undertaking by electronic signature; and

(d) on receipt of the electronic communication referred to in paragraph (c) from the accused, the bail decision maker or authorised person—

S. 17A(1)(d)(i) amended by No. 28/2023 s. 97(2)(c).

(i) makes a note on the undertaking that the undertaking has been given by the accused by electronic signature; and

(ii) makes a note on the undertaking stating the bail decision maker's or authorised person's name and position; and

(iii) attaches a copy of the electronic communication from the accused to the annotated undertaking.

S. 17A(2) amended by No. 28/2023 s. 97(3).

(2) Subject to subsection (3), if a bail undertaking is given in accordance with subsection (1), the annotated undertaking with the attached electronic communication from the accused constitutes the bail undertaking.

S. 17A(3) amended by No. 28/2023 ss 51, 97(4).

(3) If a bail undertaking given in accordance with subsection (1) is in respect of a grant of bail that is subject to a condition that requires one or more bail guarantees and each bail guarantor signs the annotated undertaking, the bail undertaking is constituted by the annotated undertaking with attached electronic communication from the accused.

S. 17A(4) amended by No. 28/2023 s. 97(5).

(4) If a bail undertaking is given in accordance with this section, the bail decision maker or authorised person, without delay, must cause a copy of the undertaking and the section 17 notice to be sent to the accused by electronic communication or post.

(5) In this section—

authorised person means a person authorised by section 27 to admit an accused person to bail.

S. 17B inserted by No. 11/2021 s. 26.

17B Electronic signature of undertaking by child accused's parent or some other person

S. 17B(1) amended by No. 28/2023 s. 98(1)(a).

(1) Without limiting how a parent of a child or some other person (the undertaking person) may give an undertaking under section 16B, the requirements for an undertaking person to give an undertaking are satisfied if—

(a) the bail decision maker, or another authorised person, sends a copy of the undertaking and a copy of the section 17 notice to the undertaking person by electronic communication; and

(b) the undertaking person, by return electronic communication to the bail decision maker or authorised person, signs the undertaking by electronic signature; and

(c) on receipt of the electronic communication from the undertaking person, the bail decision maker or authorised person—

S. 17B(1)(c)(i) amended by No. 28/2023 s. 98(1)(b).

(i) makes a note on the undertaking that the undertaking has been given by the undertaking person by electronic signature; and

(ii) makes a note on the undertaking stating the bail decision maker's or authorised person's name and position; and

(iii) attaches a copy of the electronic communication from the undertaking person to the annotated undertaking.

S. 17B(2) amended by No. 28/2023 s. 98(2).

(2) Subject to subsection (3), if an undertaking is given in accordance with subsection (1), the annotated undertaking with the attached electronic communication from the undertaking person constitutes the undertaking.

S. 17B(3) amended by No. 28/2023 ss 52, 98(2).

(3) If an undertaking given in accordance with subsection (1) is in respect of a grant of bail that is subject to a condition that requires one or more bail guarantees and each bail guarantor signs the annotated undertaking, the undertaking is constituted by the annotated undertaking with the attached electronic communication from the undertaking person.

S. 17B(4) amended by No. 28/2023 s. 98(2).

(4) If an undertaking is given in accordance with this section, the bail decision maker or authorised person, without delay, must cause a copy of the undertaking and the section 17 notice to be sent to the undertaking person by electronic communication or post.

(5) In this section—

authorised person has the same meaning as in section 17A(5).

Pt 2A (Headings and ss 17C–17P) inserted by No. 32/2024 s. 903.

Part 2A—Trial of electronic monitoring of children

Division 1—Preliminary

S. 17C inserted by No. 32/2024 s. 903.

17C Definitions

In this Part—

applicable decision has the meaning given by section 17D;

Secretary means the Secretary to the Department of Justice and Community Safety;

suitability report has the meaning given by section 17F.

S. 17D inserted by No. 32/2024 s. 903.

17D Meaning of applicable decision

(1) A decision—

(a) of whether or not to grant bail to an accused (whether on a first or further application or on appeal or otherwise); or

(b) of whether to vary the conditions of bail—

is an applicable decision if it meets the criteria set out in subsection (2).

(2) The criteria are—

(a) that the accused is of an eligible age under subsection (3) or (4); and

(b) that the bail decision maker is either—

(i) the Children's Court sitting at a venue that is in a prescribed region of the State; or

(ii) the Supreme Court; and

(c) that the additional prescribed criteria (if any) are met; and

(d) that the decision is to be made before the second anniversary of the commencement of this Part.

(3) The accused is of an eligible age if, at the time that the decision is to be made, the accused is—

(a) 14 years of age or over; and

(b) under 18 years of age.

(4) Additionally, the accused is of an eligible age if—

(a) the accused is 18 years of age at the time that the decision is to be made; and

(b) the accused was under 18 years of age at the time of the alleged offending.

S. 17E (Heading) amended by No. 34/2025 s. 16(4).

S. 17E inserted by No. 32/2024 s. 903.

17E What are Part 2A conditions?

S. 17E(1) amended by No. 34/2025 s. 16(5)(a).

(1) The following conditions imposed in respect of a grant of bail are the Part 2A conditions—

(a) a condition that the accused must for 24 hours of each day wear an electronic monitoring device fitted to the accused at the direction of the Secretary; and

(b) a condition that the accused must not, without reasonable excuse, tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring; and

(c) a condition that the accused must comply with any direction given by the Secretary, that is necessary for the Secretary to give, to ensure that the accused is electronically monitored.

S. 17E(2) amended by No. 34/2025 s. 16(5)(b).

(2) A reference in this Part to an accused who is subject to Part 2A conditions is a reference to an accused on bail in respect of whom the Part 2A conditions have been imposed.

S. 17F inserted by No. 32/2024 s. 903.

17F What is a suitability report?

(1) A suitability report is a report the Secretary causes to be prepared that—

(a) is in respect of a particular accused; and

(b) sets out the author's opinion on—

(i) whether the accused is suitable to be electronically monitored on bail; and

(ii) whether there are adequate resources and equipment to enable the accused to be electronically monitored on bail; and

(c) explains the basis for those opinions, including by identifying and describing the information that informed those opinions; and

(d) includes the prescribed material (if any).

(2) Nothing in this section prevents the inclusion of any other material in a suitability report.

Division 2—Electronic monitoring of children on bail

S. 17G (Heading) amended by No. 34/2025 s. 16(6).

S. 17G inserted by No. 32/2024 s. 903, amended by No. 34/2025 s. 16(7).

17G When bail decision maker may impose Part 2A conditions

A bail decision maker who is making an applicable decision may impose the Part 2A conditions if—

(a) the bail decision maker is to impose, as conduct conditions, either or both of—

(i) a curfew; and

S. 17G(b) amended by No. 34/2025 s. 16(7).

(b) the bail decision maker is of the opinion that it is appropriate to impose the Part 2A conditions in order to monitor compliance with the proposed conduct conditions referred to in paragraph (a); and

Section 5AAA(2) also requires that each condition and the number of conditions imposed must be no more onerous than is required, must be reasonable, and must be consistent with various orders and other instruments.

(c) the bail decision maker is to impose a conduct condition requiring that the accused is to reside at an address that is in a prescribed region of the State; and

(d) the bail decision maker has received a suitability report in respect of the accused and, having regard to the report, is of the opinion that—

(i) the accused is a suitable person to be electronically monitored on bail; and

(ii) adequate resources and equipment are available to enable the accused to be electronically monitored on bail.

S. 17H inserted by No. 32/2024 s. 903.

17H Bail decision maker may adjourn for preparation of suitability report

(a) an applicable decision is to be made by a bail decision maker; and

(b) the bail decision maker is considering imposing, as conduct conditions, either or both of—

(i) a curfew; and

(c) the bail decision maker holds the opinion described in section 17G(b).

(2) The bail decision maker may—

(a) order the Secretary—

(i) to cause a suitability report to be prepared in respect of the accused; and

(ii) to cause the suitability report to be filed on or before a day and time specified by the court; and

(iii) to cause copies of the suitability report to be provided, on or before a day and time specified by the court, to each of the parties to the matter in which the applicable decision is to be made; and

(b) adjourn the hearing of the matter; and

(c) without limiting any other order the bail decision maker may make, remand the accused in custody to appear before the bail decision maker on the next hearing of the matter.

S. 17I (Heading) amended by No. 34/2025 s. 16(8).

S. 17I inserted by No. 32/2024 s. 903.

17I Extension of bail where Part 2A conditions imposed

S. 17I(1) amended by No. 34/2025 s. 16(9)(a).

(1) If an accused is subject to Part 2A conditions—

(a) the presence of those conditions does not prevent that bail from being extended by a bail decision maker who did not impose those conditions; and

S. 17I(1)(b) amended by No. 34/2025 s. 16(9)(a).

(b) on an extension of bail, the Part 2A conditions continue to apply regardless of whether the bail was extended by someone other than the bail decision maker who imposed those conditions.

S. 17I(2) amended by No. 34/2025 s. 16(9)(b).

(2) Nothing in this section authorises a bail decision maker to impose Part 2A conditions when extending bail.

S. 17J inserted by No. 32/2024 s. 903, amended by No. 34/2025 s. 16(10).

17J Varying conditions of bail by revoking related conduct condition

If an accused is subject to Part 2A conditions and—

(a) a bail decision maker varies the conditions of bail by revoking—

(i) a curfew; or

(b) as a consequence of that variation, no conduct conditions referred to in paragraph (a) remain—

the Part 2A conditions are also revoked.

S. 17K (Heading) amended by No. 34/2025 s. 16(11).

S. 17K inserted by No. 32/2024 s. 903, amended by No. 34/2025 s. 16(12).

17K Accused ceasing to be of eligible age does not affect Part 2A conditions

The fact that an accused who is subject to Part 2A conditions turns 18 or 19 years of age does not revoke, invalidate or otherwise affect the operation of those conditions.

S. 17L inserted by No. 32/2024 s. 903.

17L Electronic monitoring devices and equipment to be removed if conditions cease

S. 17L(1) amended by No. 34/2025 s. 16(13)(a).

(1) If an accused ceases to be subject to Part 2A conditions as described in subsection (2)—

(a) an authorised officer—

(i) may remove the electronic device worn by the accused; and

(ii) may remove any equipment used for the electronic monitoring that is—

(A) at the address at which the accused resides; or

(B) in the possession of the accused; or

(C) on the person of the accused; and

(b) the Secretary—

(i) must ensure that an authorised officer undertakes the removal described in paragraph (a)(i) as soon as is practicable; and

(ii) must ensure that an authorised officer undertakes the removal described in paragraph (a)(ii) within a reasonable time.

S. 17L(2) amended by No. 34/2025 s. 16(13)(b).

(2) For the purposes of subsection (1), an accused who is subject to Part 2A conditions ceases to be subject to those conditions if—

(a) the bail of the accused is revoked; or

S. 17L(2)(b) amended by No. 34/2025 s. 16(13)(b).

(b) the Part 2A conditions are revoked; or

S. 17L(2)(c) amended by No. 34/2025 s. 16(13)(b).

(c) the matter in relation to which the Part 2A conditions were imposed is finally determined by a court.

(3) Despite subsection (1)(a), a person referred to in paragraph (c) of the definition of authorised officer in subsection (6) may remove an electronic monitoring device or equipment used for electronic monitoring only on a direction given by the Secretary.

(4) If practicable, before removing an electronic monitoring device or equipment used for electronic monitoring, an authorised officer must inform the accused of the following—

(a) the removal is to occur; and

(b) the accused may consent to the removal; and

(c) if consent is not given, reasonable force may be used—

(i) to remove the device or equipment; and

(ii) if the case requires, to enter a place where the accused resides in order to remove the device or equipment.

(5) If the accused does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an authorised officer may use reasonable force—

(a) to remove the device or equipment from the accused; and

(b) to enter a place where the accused resides in order to remove the device or equipment.

(6) In this section—

authorised officer means—

(a) a police officer; or

(b) a police custody officer; or

(c) a person who—

(i) is employed in the Department of Justice and Community Safety under Part 3 of the Public Administration Act 2004; and

(ii) is authorised, or belongs to a class of persons authorised, by the Secretary for the purposes of this section; or

(d) a person who belongs to a prescribed class.

S. 17M inserted by No. 32/2024 s. 903.

17M Temporary removal of electronic monitoring device if person arrested

(1) A police officer or a police custody officer may remove an electronic monitoring device being worn by a person if the person is arrested on suspicion of having committed an offence.

(2) If practicable, before removing the electronic monitoring device, a police officer or police custody officer must inform the person of the following—

(a) the removal is to occur; and

(b) the person may consent to the removal; and

(c) if consent is not given, reasonable force may be used to remove the device.

(3) If the person does not consent to the removal of the electronic monitoring device, a police officer or police custody officer may use reasonable force to remove the device from the person.

(4) If a person whose electronic monitoring device is removed under subsection (1) is to be released from custody, the fact that the person is not yet again wearing an electronic monitoring device—

(a) does not prevent the person being released from custody; and

(b) does not provide a basis on which to continue to detain the person.

Note to s. 17M(4) amended by No. 34/2025 s. 16(14).

The Secretary has power to direct that an electronic monitoring device be fitted to the person, and the person's obligation under the Part 2A conditions is to wear a device fitted in accordance with such a direction—see section 17E(1)(a).

Division 3—Miscellaneous

S. 17N inserted by No. 32/2024 s. 903.

17N Confidentiality of personal information

(1) A person must not use or disclose any personal or confidential information that is obtained as a result of the use of—

S. 17N(1)(a) amended by No. 34/2025 s. 16(15)(a).

(a) an electronic device that an accused is required to wear under a Part 2A condition; or

S. 17N(1)(b) amended by No. 34/2025 s. 16(15)(a).

(b) equipment used for the electronic monitoring of an accused under a Part 2A condition—

unless that use or disclosure is specified under subsection (2) or by the regulations.

Penalty: 120 penalty units.

(2) The specified uses and disclosures are—

(a) use or disclosure by a person that is reasonably necessary for the person to perform their duties, functions or powers in relation to a grant of bail; and

(b) use or disclosure that is reasonably necessary for the preparation for, conduct of or participation in proceedings in any court in relation to a grant of bail; and

(c) use or disclosure that occurs with the authorisation, or at the request of, the person to whom the information relates; and

(d) use or disclosure that occurs to the extent necessary for a purpose related to law enforcement, including the detection, investigation, prosecution or prevention of contraventions of the law; and

(e) both of the following—

(i) disclosure to an Australian legal practitioner for the purpose of obtaining legal advice or representation; and

(ii) use and disclosure by that Australian legal practitioner for that purpose; and

(f) disclosure to the Secretary; and

(g) use or disclosure that is authorised or required by or under this or any other Act, including—

(i) use or disclosure that is authorised under subsection (3); and

(ii) use or disclosure that is authorised under Part 5A of the Family Violence Protection Act 2008; and

(iii) use or disclosure that is authorised under Part 6A of the Child Wellbeing and Safety Act 2005.

(3) The Minister may authorise, in writing, a particular use or disclosure of personal or confidential information referred to in subsection (1).

(4) In this section, personal or confidential information includes the following—

S. 17N(4)(a) amended by No. 34/2025 s. 16(15)(b).

(a) information relating to the personal affairs of an accused who is or was subject to Part 2A conditions;

(b) information—

(i) that identifies any person; or

(ii) discloses any person's address or location; or

(iii) discloses any journey made by a person; or

(iv) from which any person's identity, address or location can reasonably be determined;

(c) information contained in a report given to a court that is not disclosed in a decision of the court or in any reasons given by the court for a decision of the court;

(d) information concerning the investigation of a contravention or possible contravention of the law by the accused.

S. 17O inserted by No. 32/2024 s. 903.

17O Delegation

(1) The Secretary may delegate by instrument any power or duty of the Secretary under this Part to a person employed under Part 3 of the Public Administration Act 2004.

(2) A delegation under subsection (1) may be to—

(a) a specified person; or

(b) a specified class of persons.

S. 17P inserted by No. 32/2024 s. 903.

17P Regulations for this Part

(1) The Governor in Council may make regulations for or with respect to—

(a) criteria to be met for a decision to be an applicable decision for the purposes of this Part;

(b) material that is to be included in a suitability report;

(c) prescribing a class of persons who may remove electronic monitoring devices and other equipment;

(d) specifying uses and disclosures of personal or confidential information within the meaning of section 17N for the purposes of section 17N(1);

S. 17P(1)(e) amended by No. 34/2025 s. 16(16)(a).

(e) the electronic monitoring of persons who are subject to Part 2A conditions;

(f) the detection, investigation and prevention of contraventions of—

S. 17P(1)(f)(i) amended by No. 34/2025 s. 16(16)(b).

(i) Part 2A conditions; and

S. 17P(1)(f)(ii) amended by No. 34/2025 s. 16(16)(b).

(ii) curfews and geographical exclusion zones imposed alongside Part 2A conditions;

(g) prescribing any other matter or thing required to be prescribed by this Part or necessary to be prescribed to give effect to this Part.

(2) Regulations made under this section may—

(a) be of general or limited application; and

(b) differ according to differences in time, place or circumstance; and

(c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by a specified person or by persons of a specified class; and

(d) confer powers or impose duties on a specified person or on persons of a specified class; and

(e) may provide in a specified case, or in cases of a specified class, for the exemption of persons or things from any of the provisions of the regulations—

(i) whether unconditionally or on specified conditions; and

(ii) either wholly or to a specified extent; and

(f) may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

Pt 3 (Heading) inserted by No. 70/2010 s. 14.

Part 3—Further application for bail,
variation of bail conditions, revocation of bail

S. 18 amended by Nos 9158 s. 4, 16/1986
s. 30, 51/1989, s. 142(k)–(o), 57/1989
s. 4(1)(c), 35/1996 s. 453(Sch. 1 item 8.2), 84/1997
s. 7, 68/2009 s. 97(Sch. items 11.1, 11.17), substituted by No. 70/2010 s. 15.

18 Further application for bail where bail refused or revoked

(1) An accused who has been refused bail and is in custody pending the hearing or trial of a charge may make a further application for bail.

(2) A person whose bail has been revoked under section 18AE or 24(3) may make a further application for bail.

(3) Subject to section 144(2)(c) of the Criminal Procedure Act 2009, an application under subsection (1) or (2) is to be made—

S. 18(3)(a) amended by No. 26/2017 s. 14(15).

(b) in any other case, to the court to which the person is remanded to appear.

S. 18(4) inserted by No. 44/2013 s. 5.

(4) Without limiting subsection (3), if it is reasonably practicable to do so, an application under this section is to be heard by a court constituted by the same judge or magistrate who heard the previous application for bail.

S. 18AA inserted by No. 70/2010 s. 15.

18AA Certain circumstances required before application may be heard

(1) A court must not hear an application under section 18 unless—

S. 18AA(1)(aa) inserted by No. 28/2023 s. 115.

(aa) the application is the first or second instance of the applicant applying to a court for bail (whether under section 18 or otherwise) since being taken into custody; or

(a) the applicant satisfies the court that new facts or circumstances have arisen since the refusal or revocation of bail; or

(b) the applicant was not represented by a legal practitioner when bail was refused or revoked; or

(c) the order refusing or revoking bail was made by a bail justice.

(2) Nothing in this section derogates from the right of a person in custody to apply to the Supreme Court for bail.

S. 18AB inserted by No. 70/2010 s. 15.

18AB Hearing and determination of further application for bail

An application under section 18 must be conducted as a fresh hearing and determined in accordance with section 4.

S. 18AC inserted by No. 70/2010 s. 15.

18AC Application for variation of bail conditions

(1) A person who has been granted bail, whether or not the person is in custody, may apply for variation of the amount of bail or the conditions of bail.

(2) The informant or the Director of Public Prosecutions may apply for—

(a) variation of the amount of bail or the conditions of bail; or

(b) the imposition of conditions in respect of bail which has been granted unconditionally.

(3) An application under subsection (1) or (2) is to be made—

S. 18AC(3)(a) amended by No. 26/2017 s. 14(15).

S. 18AC(3)(b) amended by No. 28/2023 ss 78, 99.

(b) in any other case, to the court to which the person is required to surrender under the bail undertaking.

(4) A person may apply for variation of the amount of bail or the conditions of bail if—

(a) the person has been granted bail by a bail justice or the Magistrates' Court; and

(b) within 24 hours after the grant of bail, the person is unable to meet the conditions of bail.

(5) An application under subsection (4) is to be made to the bail justice who granted the bail or to the Magistrates' Court.

S. 18AD inserted by No. 70/2010 s. 15, substituted by No. 3/2018 s. 21.

18AD Determination of application for variation of the amount of bail or bail conditions

On an application under section 18AC, the bail decision maker must take into account the surrounding circumstances and may—

(a) vary the amount of bail or conditions of bail if it appears to the bail decision maker that it is reasonable to do so having regard to those circumstances; or

(b) in any other case, dismiss the application.

Section 5 provides for the imposition of conditions of bail.

S. 18AE inserted by No. 70/2010 s. 15.

18AE Application for revocation of bail

(1) The informant or the Director of Public Prosecutions may apply for revocation of bail granted to a person.

S. 18AE(1A) inserted by No. 32/2024 s. 903F.

(1A) Without limiting subsection (1), an application under that subsection may be made because the applicant believes on reasonable grounds that the person—

(a) has committed an offence since bail was granted; or

(b) is likely to commit an offence whilst on bail; or

(c) has breached a condition of bail; or

(d) is likely to breach a condition of bail or the bail undertaking.

(2) An application under subsection (1) is to be made—

S. 18AE(2)(a) amended by No. 26/2017 s. 14(15).

S. 18AE(2)(b) amended by No. 28/2023 ss 79, 100.

(b) in any other case, to the court to which the person is required to surrender under the bail undertaking.

S. 18AF inserted by No. 70/2010 s. 15.

18AF Determination of application for revocation of bail

On an application under section 18AE, the court may either—

(a) revoke bail; or

(b) dismiss the application.

S. 18AG inserted by No. 70/2010 s. 15.

18AG Appeal against refusal to revoke bail

The Director of Public Prosecutions may appeal to the Supreme Court in the same manner as is provided in section 18A against a refusal to revoke bail if the Director is satisfied that an appeal should be brought in the public interest.

S. 18AH inserted by No. 70/2010 s. 15.

18AH Preservation of the right of application or appeal to the Supreme Court or County Court

(1) Nothing in section 18, 18AA, 18AC or 18AE derogates from any other right of application or appeal to the Supreme Court or the County Court.

(2) Section 18AI applies to an application to the Supreme Court or the County Court made other than under this Act by an accused for an order to vary the amount of bail or a condition of bail.

S. 18AH(3) inserted by No. 44/2013 s. 6.

(3) Section 18AK applies to the following applications to the Supreme Court or the County Court made other than under this Act by an accused—

(a) a further application for bail;

(b) an application for variation of the amount of bail or the conditions of bail.

S. 18AI (Heading) amended by No. 28/2023 s. 53(1).

S. 18AI inserted by No. 70/2010 s. 15.

18AI Notice of application for variation to be given to bail guarantors

S. 18AI(1) amended by No. 28/2023 s. 53(2).

(1) If an accused who has been admitted to bail with one or more bail guarantees applies for variation of the amount of bail or the conditions of bail, the accused must give written notice of the application to each bail guarantor.

(2) Notice under subsection (1) must be—

(a) in the prescribed form; and

(b) given a reasonable time before the hearing of the application; and

S. 18AI(2)(c) amended by No. 28/2023 s. 53(3).

(c) given personally or by post or by causing the notice to be delivered at the place of residence of the bail guarantor shown in the affidavit of justification for bail.

S. 18AJ (Heading) amended by No. 28/2023 s. 54(1).

S. 18AJ inserted by No. 70/2010 s. 15.

18AJ Bail guarantor entitled to attend on application for variation

S. 18AJ(1) amended by No. 28/2023 s. 54(2).

(1) A bail guarantor is entitled to attend and give evidence at the hearing of an application made by the person admitted to bail for variation of the amount of bail or the conditions of bail.

S. 18AJ(2) amended by No. 28/2023 s. 54(3).

(2) The court may adjourn the hearing of an application referred to in subsection (1) to enable a bail guarantor to attend.

S. 18AK inserted by No. 44/2013 s. 7.

18AK Notice of application to be given to informant and either DPP or prosecutor

(1) Subject to subsections (2) and (3), an accused must give notice in the prescribed form of an application under section 18 or an application under section 18AC to—

(a) the informant; and

(b) the Director of Public Prosecutions or the prosecutor, as the case requires.

(2) Notice under subsection (1) must be given at least 3 days before the hearing of the application unless—

(a) the court is satisfied that—

(i) the circumstances of the case justify the application being heard sooner; and

(ii) the court will be able to hear and determine the matter adequately despite the limited notice or lack of notice to other parties; or

(b) all the parties agree that the period of 3 days be waived.

(3) Notice under subsection (1) may be dispensed with by the court in the circumstances referred to in subsection (2)(a).

Pt 4 (Heading) inserted by No. 70/2010 s. 16.

Part 4—Appeals

S. 18A (Heading) inserted by No. 70/2010 s. 17(1).

S. 18A inserted by No. 9690 s. 4.

18A Appeal by Director of Public Prosecutions against insufficiency of bail etc.

S. 18A(1) amended by Nos 9902
s. 2(1)(Sch. item 2), 10087 s. 3(1)(Sch. 1 item 5), 57/1989 s. 4(1)(d)(i), substituted by No. 70/2010 s. 17(2).

(1) If a person is granted bail, the Director of Public Prosecutions may appeal to the Supreme Court against the order granting bail if—

(a) the Director is satisfied that—

(i) the conditions of bail are insufficient; or

(ii) the decision to grant bail contravenes this Act; and

(b) the Director is satisfied that it is in the public interest to do so.

S. 18A(2) amended by Nos 10084
s. 18(2), 57/1989
s. 4(1)(d)(ii), 28/2023 ss 55(1), 80(1).

(2) Where the Director of Public Prosecutions desires to appeal to the Court under subsection (1) the Director shall cause notice of appeal setting forth the grounds thereof to be given to the person granted bail (hereafter in this section called the respondent) and to each bail guarantor (if any).

S. 18A(3) amended by Nos 6/2018 s. 68(Sch. 2 item 13.8), 28/2023 s. 55(2).

(3) A notice required to be given to a bail guarantor under subsection (2) may be given personally or by post or by causing the notice to be delivered at the place of residence of the respondent or bail guarantor (as the case requires) shown in the affidavit of justification for bail.

S. 18A(4) amended by No. 57/1989
s. 4(1)(d)(iii).

(4) Notice of appeal shall not be given under subsection (1) more than one month after the bail is granted without first obtaining the leave of the Supreme Court.

S. 18A(5) amended by Nos 10084
s. 18(2), 35/1996
s. 453(Sch. 1
item 8.3), 25/2023 s. 7(Sch. 1 item 4.1), 28/2023 ss 55(3), 80(2).

(5) The Director of Public Prosecutions or a legal practitioner on the Director's behalf may appear on behalf of His Majesty on any appeal under this section and any respondent or bail guarantor to whom notice is given under subsection (3) may appear in person or by a legal practitioner.

S. 18A(6) amended by No. 68/2009 s. 97(Sch. item 11.18), substituted by No. 70/2010 s. 17(3).

(6) On an appeal under this section, if the Supreme Court thinks that a different order should have been made, the Supreme Court must set aside the order that is the subject of the appeal and, without limiting the powers of the Supreme Court with respect to bail, conduct a fresh hearing in relation to the grant of bail to the respondent.

S. 18A(7) amended by Nos 57/1989
s. 4(1)(d)(iv), 28/2023 s. 80(3).

(7) If the respondent is not present in Court when an order granting bail is revoked or varied under this section the Court shall cause a warrant to be issued for apprehending the respondent and bringing the respondent before the Court.

S. 18A(8) amended by Nos 57/1989
s. 4(1)(d)(v), 70/2010 s. 17(4), 28/2023 s. 80(4).

(8) If the Court revokes an order granting the respondent bail the Court shall remand the respondent in custody to await trial.

S. 18A(9) amended by Nos 68/2009 s. 97(Sch. item 11.19), 70/2010 s. 17(5), 28/2023 ss 55(4), 80(5).

(9) If the Court makes an order varying the amount or conditions of bail the Court shall require the respondent to find another bail guarantor or further or other securities for the attendance of the respondent and may remand the respondent in custody until another bail guarantee or further or other security is provided.

(10) On the hearing and determination of an appeal under this section no costs shall be allowed on either side.

S. 18A(11) amended by No. 28/2023 s. 80(6).

(11) A respondent is entitled to be present on the hearing of an appeal under this section notwithstanding that the respondent may be in custody but the Court may make any order under this section where the respondent is for any reason not present.

S. 18A(12) inserted by No. 70/2010 s. 17(6).

(12) The respondent or the Director of Public Prosecutions may appeal to the Court of Appeal from a decision of a single judge of the Supreme Court made under this section.

Note to s. 18A inserted by No. 70/2010 s. 17(6).

Sections 18AG and 24(4) also provide for certain appeals.

Pt 5 (Heading) inserted by No. 70/2010 s. 18.

Part 5—Miscellaneous

No. 8731 s. 35.

19 Arrest on another charge not to vacate bail

S. 19(1) amended by Nos 68/2009 s. 97(Sch. items 11.1, 11.20), 28/2023 ss 56(1), 81(1), 101.

(1) Where an accused is on bail to attend before a court the accused's arrest on another charge shall not vacate the bail undertaking which shall continue to bind the accused and each bail guarantor (if any) until the accused is discharged or sentenced in respect of the offence to which the bail relates.

S. 19(2) amended by Nos 68/2009 s. 97(Sch. item 11.21), 70/2010 s. 19(1), 28/2023 ss 56(2), 81(2).

(2) Notwithstanding anything to the contrary in subsection (1) where a person arrested on another charge is on bail to attend before a court the court may remand the person in custody or may require the person to furnish new or additional bail guarantees.

S. 19(3) amended by Nos 68/2009 s. 97(Sch. items 11.1, 11.22), 70/2010 s. 19(2), 28/2023 s. 56(3).

(3) If an accused who is on bail to attend for trial is remanded in custody pursuant to the provisions of subsection (2) each bail guarantor (if any) is discharged.

No. 8731 s. 36.

S. 20 (Heading) inserted by No. 28/2023 s. 57(1).

S. 20 amended by Nos 68/2009 s. 97(Sch. item 11.1), 28/2023 ss 57(2), 82.

20 Death of bail guarantor

Where a bail guarantor dies before the bail is forfeited the bail guarantor's estate shall not be subject to any liability in respect of the bail but the accused may be required to find another bail guarantor.

S. 21 (Heading) amended by No. 28/2023 s. 58(1).

S. 21 amended by Nos 51/1989 s. 142(p)(q), 68/2009 s. 97(Sch. item 11.23), substituted by No. 70/2010 s. 20, amended by No. 28/2023 ss 58(2), 83.

21 Abolition of right of a bail guarantor to apprehend a principal

The common law right of a bail guarantor to apprehend the principal and to bring the principal before a bail justice or a court is abolished.

S. 22 amended by Nos 16/1986
s. 30, 68/2009 s. 97(Sch. item 11.24), repealed by No. 70/2010 s. 20.

No. 8731 s. 39.

S. 23 (Heading) inserted by No. 28/2023 s. 59(1).

23 Bail guarantor may apply for discharge

S. 23(1) amended by Nos 9158 s. 5, 68/2009 s. 97(Sch. item 11.25), 28/2023 ss 59(2), 84(1), 102(1).

(1) If an accused is released on bail with a bail guarantee, a bail guarantor may at any time apply to the court to which the accused would be required to surrender under the bail undertaking to discharge the applicant from liability with respect to the bail undertaking.

S. 23(2) amended by Nos 68/2009 s. 97(Sch. item 11.25(c)), 28/2023 s. 84(2).

(2) On an application being made under subsection (1) the court shall issue a warrant for apprehending the accused and bringing the accused before the court.

S. 23(3) amended by Nos 68/2009 s. 97(Sch. item 11.25 (a)(c)), 28/2023 s. 84(3).

(3) On the attendance of the accused before the court the court may direct the applicant to be discharged from liability with respect to the undertaking.

S. 23(4) amended by Nos 68/2009 s. 97(Sch. item 11.25(a)(c)), 70/2010 s. 21, 28/2023 ss 59(3), 84(4), 102(2).

(4) If the court discharges a bail guarantor from liability with respect to a bail undertaking the court shall require the accused to find another bail guarantor or other security for the accused's attendance and may remand the accused in custody until another bail guarantor or further security is provided.

No. 8731 s. 40.

24 Arrest of person released on bail

S. 24(1) amended by Nos 43/2011 s. 6(1), 37/2014 s. 10(Sch. item 8.4(a)).

(1) Any police officer, or any protective services officer on duty at a designated place, may without warrant arrest any person who has been released on bail—

S. 24(1)(a) amended by Nos 68/2009 s. 97(Sch. item 11.26), 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 s. 103(1)(a).

(a) if the police officer or protective services officer has reasonable grounds for believing that the person is likely to breach the bail undertaking or any condition of bail, or has reasonable cause to suspect that the person is breaching or has breached any such condition;

S. 24(1)(b) amended by Nos 68/2009 s. 97(Sch. item 11.26), 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 ss 60(1)(a), 103(1)(b).

(b) if the police officer or protective services officer is notified in writing by any of the person's bail guarantors that the bail guarantor believes that the person is likely to breach the bail undertaking and for that reason the bail guarantor wishes to be relieved of his obligations as a bail guarantor; or

S. 24(1)(c) amended by Nos 43/2011 s. 6(2), 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 s. 60(1)(b).

(c) if the police officer or protective services officer has reasonable grounds for believing that any of the person's bail guarantors are dead, or that for any other reason the security is no longer sufficient.

S. 24(1A) inserted by No. 43/2011 s. 6(3), amended by No. 37/2014 s. 10(Sch. item 8.4(a)).

(1A) If a protective services officer arrests a person under subsection (1), the protective services officer must hand the person into the custody of a police officer as soon as practicable after the person is arrested.

S. 24(1B) inserted by No. 45/2017 s. 50.

(1B) A protective services officer may only exercise the power to arrest without warrant under this section in relation to a person who is at, or in the vicinity of, a designated place.

S. 24(2) amended by Nos 51/1989 s. 142(r), 68/2009 s. 97(Sch. item 11.27), substituted by No. 43/2011 s. 6(4), amended by Nos 37/2014 s. 10(Sch. item 8.4(a)), 28/2023 s. 103(2), substituted by No. 8/2025 s. 6.

(2) If a person is arrested under subsection (1) or is handed into the custody of a police officer under subsection (1A), a police officer must deal with the person as follows—

(a) if the person was arrested or handed into custody within 24 hours before the time at which the person is bound by the bail undertaking to attend before a court, a police officer must bring the person before that court at that time; or

(b) if the person was not arrested or handed into custody within the period described in paragraph (a), a police officer must, as soon as practicable (and in any event within 24 hours) bring the person before—

(i) if it is then within ordinary court sitting hours, a court; or

(ii) if it is then outside ordinary court sitting hours, a bail justice.

S. 24(3) amended by Nos 51/1989
s. 142(s), 28/2023 s. 103(3)(a).

(3) Where a person who is on bail is brought before a bail justice or court pursuant to the provisions of paragraph (a) or paragraph (b) of subsection (2) the bail justice or court—

S. 24(3)(a) substituted by No. 84/1997 s. 8(1), amended by Nos 70/2010 s. 22(1)(a), 28/2023 ss 60(2), 85(a)(ii), 103(3)(b)(i), 32/2024 s. 905(2). [3]

(a) if of the opinion that the person has breached or is likely to breach the bail undertaking or a condition of bail—may revoke the bail and remand the person in custody with a direction to the officer in charge of the prison—

S. 24(3)(a)(i) amended by Nos 68/2009 s. 97(Sch. item 11.28), 28/2023 s. 103(3)(b)(ii).

(i) if the direction is given by a court, that the person be brought before the court at the time when the person is required by the bail undertaking to attend; or

S. 24(3)(a)(ii) substituted by No. 70/2010 s. 22(1)(b), amended by No. 28/2023 s. 85(a)(i).

(ii) if the direction is given by a bail justice, that the person be brought before the court to which the person was required to surrender in answer to bail on the next working day or, if the
next working day is not practicable, within 2 working days—

or release the person on the original bail undertaking or on a new bail undertaking with or without a condition that requires one or more bail guarantees; or

S. 24(3)(b) substituted by No. 84/1997
s. 8(1), amended by No. 28/2023 ss 85(b), 103(3)(c).

(b) if not of that opinion—shall release the person on the original bail undertaking.

S. 24(3A) inserted by No. 1/2016 s. 15.

(3A) Despite subsection (3), if a child is arrested under subsection (1) and is brought before a court, the court must not remand the child in custody for a period longer than 21 clear days.

S. 24(4) inserted by No. 57/1989
s. 4(1)(e), substituted by No. 70/2010 s. 22(2).

(4) The Director of Public Prosecutions may appeal to the Supreme Court in the same manner as is provided in section 18A against a refusal to revoke bail if the Director is satisfied that it is in the public interest to do so.

S. 24(5) inserted by No. 84/1997
s. 8(2), amended by No. 70/2010 s. 22(3).

(5) If the bail of a person is revoked under subsection (3), the person may apply under section 18 for an order granting bail.

S. 24(6) inserted by No. 43/2011 s. 6(5).

(6) In this section—

S. 24(6) def. of designated place substituted by No. 37/2014 s. 10(Sch. item 8.4(b)(i)).

designated place has the same meaning as in the Victoria Police Act 2013;

S. 24(6) def. of protective services officer substituted by No. 37/2014 s. 10(Sch. item 8.4(b)(ii)).

protective services officer has the same meaning as in the Victoria Police Act 2013.

No. 8731 s. 41.

S. 25 amended by No. 68/2009 s. 97(Sch. item 11.29).

25 Arrest for imposing additional conditions

Where a court is of opinion that it is necessary or advisable in the interests of justice that the conditions of bail of any person should be amended or supplemented, the court may issue a warrant for the apprehension of the accused and may, when the accused is brought before the court amend or supplement the conditions as the court thinks fit.

No. 8731 s. 42.