Sch 3Exceptions to prohibition on refusing bail

Schedule 3—Exceptions to prohibition on refusing bail 1 Section 4AAA(1) prohibits a bail decision maker from refusing a person bail in certain circumstances. One of those circumstances is that every offence of which the person is accused is an offence against the **Summary Offences Act 1966** that is not listed in this Schedule. 2 Section 12B(2A) prohibits a court from remanding a person in custody where that person is subject to a summons to answer to a charge for an offence, and the person has come before the court and the hearing of the criminal proceeding is to be adjourned. The prohibition applies in certain circumstances. One of those circumstances is that every offence of which the person is accused is an offence against the **Summary Offences Act 1966** that is not listed in this Schedule. 1. An offence against section 19(1) of the **Summary Offences Act 1966** (sexual exposure). 2. An offence against section 23 of the **Summary Offences Act 1966** (common assault). 3. An offence referred to in section 24(1) or (2) of the **Summary Offences Act 1966** (aggravated assault). 4. An offence against section 41A of the **Summary Offences Act 1966** (observation of genital or anal region). 5. An offence against section 41B of the **Summary Offences Act 1966** (visually capturing genital or anal region) as in force before its repeal. 6. An offence against section 41C of the **Summary Offences Act 1966** (distribution of image of genital or anal region) as in force before its repeal. 7. An offence against section 41DA(1) of the **Summary Offences Act 1966** (distribution of intimate image) as in force before its repeal. 8. An offence against section 41DB(1) of the **Summary Offences Act 1966** (threat to distribute intimate image) as in force before its repeal. 9. An offence against section 41H(2) of the **Summary Offences Act 1966** (food or drink spiking). 10. An offence against section 41K(1) or (1A) of the **Summary Offences Act 1966** (public display or performance of Nazi symbols or gestures). 10A. An offence against section 49F of the **Summary Offences Act 1966** (contravening conduct condition of bail undertaking). 11. An offence against section 51(2), (3) or (4) of the **Summary Offences Act 1966** (assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty). 12. An offence against section 51A(1) or (2) of the **Summary Offences Act 1966** (assaulting registered health practitioners). 13. An offence against section 52A of the **Summary Offences Act 1966** (offence to harass witness etc.). Sch. 4 inserted by No. 34/2025 s. 12.