ACTIn ForceAct
Bail Act 1992
8AEntitlement to bail—breach of sentence obligations
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8A Entitlement to bail—breach of sentence obligations
(1) This section applies to a person arrested, or otherwise brought before
the court or a magistrate, in relation to a breach, or anticipated breach,
of—
(a) a deferred sentence obligation under the Crimes (Sentencing)
Act 2005; or
(b) a treatment order obligation under the Crimes (Sentencing)
Act 2005; or
(c) any of the following obligations under the Crimes (Sentence
Administration) Act 2005:
(i) an intensive correction order obligation;
(ii) a good behaviour obligation;
(iii) a parole obligation;
(iv) a release on licence obligation.
Presumption for bail Division 2.2
(2) The person has the same entitlement to bail in relation to the breach,
or anticipated breach, of the obligation as the person has under this
part in relation to the offence to which the obligation relates.
Example—bail entitlement
Joe has been found guilty of threatening to kill. Joe had, 3 years before, been found
guilty of an offence involving violence. A suspended sentence order under the
Crimes (Sentencing) Act 2005 is made as part of the sentence for the offence of
threatening to kill and Joe is released under the order on signing an undertaking
under a good behaviour order. However, Joe breaches the good behaviour order
and is before the court on an application to cancel the order. There is no
presumption in relation to bail because section 9B (b) applies to make the offence
of threatening to kill an offence to which division 2.2 (Presumption for bail) does
not apply.