17AElectronic signature of bail undertaking by accused

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.