NSWIn ForceAct
Bail Act 2013
22CTemporary limitation on bail for certain young persons in relation to certain serious offences
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#### 22C Temporary limitation on bail for certain young persons in relation to certain serious offences
22C Temporary limitation on bail for certain young persons in relation to certain serious offences
> > (1) A bail authority must not grant bail to a relevant young person for a relevant offence alleged to have been committed while the young person is on bail for another relevant offence unless the bail authority has a high degree of confidence the young person will not commit a serious indictable offence while on bail subject to any proposed bail conditions.
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> > (2) A decision under subsection (1) may be made only after—
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> > > (a) an assessment of bail concerns is made under Division 2, and
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> > > (b) consideration of whether any bail conditions could reasonably be imposed to address any bail concerns or risk the relevant young person will commit a further serious indictable offence.
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> > (3) To avoid doubt, the requirement under this section to establish that bail should be refused for the relevant young person remains with the prosecution.
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> > (4) This section applies despite anything to the contrary in this Act.
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> > (5) This section is repealed on 1 October 2026.
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> > (6) In this section—
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> > motor theft offence means an offence under the following sections of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)—
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> > > (a) section 154A,
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> > > (b) section 154C,
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> > > (c) section 154F.
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> > relevant offence means—
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> > > (a) a motor theft offence, or
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> > > (b) a serious breaking and entering offence, or
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> > > (c) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 154K, if the underlying offence is a motor theft offence or serious breaking and entering offence.
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> > relevant young person, for a relevant offence, means an individual who is, at the time the relevant offence is alleged to have been committed—
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> > > (a) 14 years of age or more, and
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> > > (b) less than 18 years of age.
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> > serious breaking and entering offence means an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 4, Division 4 that is punishable by imprisonment for a term of 14 years or more.
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> > serious indictable offence has the same meaning as in the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 4(1).
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> **s 22C:** Ins 2024 No 18, Sch 1\[1\]. Am 2025 No 16, Sch 1\[1\].