VICIn ForceAct
Bail Act 1977
3DFlow Charts
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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.