8Application for bail

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.