28Imposition of bail conditions

28 Imposition of bail conditions (1) Subject to subsection (2AA), an authorised member or a court must, in granting bail, impose conditions that appear necessary to minimise risks to the safety or welfare of others, or to the proper administration of justice, that may result from releasing the accused person on bail. (2) The conditions must be reasonably proportionate to the risks. (2A) Without limiting subsection (2), if the accused person is a youth, an authorised member or the court must also take into consideration the following: (a) the need to ensure the conditions of the grant of bail are no more onerous than are necessary and do not constitute unfair management of the youth; (b) the age, health, maturity and circumstances of the youth, including the youth's home environment; (c) the capacity of the youth to comply with the conditions. (2AA) An authorised member or court must, in granting bail to a person accused of an offence mentioned in section 7A (1)(de), (dea) or (df), impose a condition requiring the person to enter into a conduct agreement containing: (a) a provision mentioned in section 27A(1)(iaa), (iab) or (ia); or Bail Act 1982 31 (b) if the authorised member or court determines it is not practicable to include a provision mentioned in section 27A(1)(iaa), (iab) or (ia) – a provision mentioned in section 27A(1)(ea); or (c) if the authorised member or court determines it is not practicable to include a provision mentioned in section 27A(1)(ea), (iaa), (iab) or (ia) – a provision mentioned in section 27A(1)(f). (2B) Without limiting subsection (2), the authorised member or court must ensure any condition imposed is consistent with the content of any domestic violence order in force against the accused person. (3) In addition, an authorised member may impose a condition that the accused person enter into a conduct agreement containing a provision mentioned in section 27A(1)(iaa) only if: (a) under the conduct agreement, the accused person will be required to reside at a specified place; and (b) the authorised member is satisfied that the accused person is a suitable person for the provision. (3A) A court may impose a condition that the accused person enter into a conduct agreement containing a provision mentioned in: (a) section 27A(1)(iab) – only if: (i) immediately before the accused person appeared before the court, a conduct agreement containing a provision mentioned in section 27A(1)(iaa) was in force for the accused person; and (ii) the court orders that an assessment report in relation to the accused person be prepared; or (b) section 27A(1)(ia) or (ib) – only if satisfied, after considering an assessment report in relation to the accused person, that the accused person is a suitable person for the provision. (3B) Despite subsection (3A), a court may impose a condition that an accused person who is a youth enter into a conduct agreement containing a provision mentioned in section 27A(1)(iab) if the court orders the preparation of an assessment report in relation to the youth but the report has not been provided to the court. (4) To avoid doubt, a bail condition that the accused person enter into a conduct agreement containing an ancillary provision is not invalid only on the grounds the ancillary provision is not necessary to Bail Act 1982 32 minimise risks to the safety or welfare of others or for the administration of justice. (5) In this section: assessment report means a report assessing the suitability of an accused person to enter into a conduct agreement containing a provision mentioned in section 27A(1)(ia) or (ib), prepared by: (a) if the accused person is a youth – the CEO (Youth Justice); or (b) otherwise – the Commissioner of Correctional Services.