9Bail guarantor

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.