10Bail eligibility information—the Act, s 44

#### 10 Bail eligibility information—the Act, s 44 10 Bail eligibility information—the Act, s 44 > > (1) For the purposes of the Act, section 44, the bail eligibility information required to be given to a person in police custody charged with an offence must include the following— > > > > > (a) an explanation that the accused person is entitled to be granted bail for the offence, or released without bail, unless— > > > > > > > (i) a show cause requirement applies, or > > > > > > > (ii) an exceptional circumstances requirement applies, or > > > > > > > (iii) there is an unacceptable risk, > > > > > (b) if a show cause requirement applies to the offence or offences with which the person has been charged—information to the effect that there is a requirement for the accused person to show cause as to why detention is not justified, > > > > > (c) if an exceptional circumstances requirement applies to the offence or offences with which the person has been charged—information to the effect that there is a requirement that bail for the accused person must be refused unless it is established exceptional circumstances exist that justify a decision to grant bail or dispense with bail, > > > > > (d) a list of the 4 types of “unacceptable risk” under the Act, > > > > > (e) an explanation of the bail decisions that can be made if there are no unacceptable risks, > > > > > (f) an explanation of the bail decisions that can be made if the offence is an offence for which there is a right to release. > > > > Note— > > > > The Act, section 22A(2) provides that if a person is charged with an offence that is both subject to that section and a show cause offence, the requirement that the accused person establish exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause detention is not justified. > > > (2) The information must be given in an approved form. > > > (3) In this section, exceptional circumstances requirement means the requirement under the Act, section 22A that a bail authority must refuse bail for an offence referred to in the section unless it is established exceptional circumstances exist.