ACTIn ForceAct
Bail Act 1992
8Entitlement to bail—certain minor offences etc
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8 Entitlement to bail—certain minor offences etc
(1) This section applies to—
(a) a person charged with an offence not punishable by
imprisonment (except in default of payment of a fine); and
(b) a person charged with an offence punishable by imprisonment
for not longer than 6 months; and
(c) a person arrested for a breach of the peace or apprehended
breach of the peace; and
(d) a person arrested under a warrant because of failure to comply
with a summons or subpoena; and
(e) a person brought up to attend a trial or hearing following the
issue of a habeas corpus order.
(2) The person is entitled—
(a) to be granted bail; and
(b) if the person is in custody—to be released from custody as soon
as the person gives an undertaking to appear.
(3) However, if no further appearance is required for a person arrested
for a breach of the peace or an apprehended breach of the peace, the
person may be released from custody without giving an undertaking
to appear.
(4) A condition to keep the peace may be imposed on a grant of bail to a
person arrested for a breach of the peace or an apprehended breach of
the peace.
Note For other conditions that may be imposed on a grant of bail, see s 25 and
s 26.