Jurisdiction to grant bail. Section 13 sets out the hierarchy of jurisdiction. Most bail decisions are made at the magistrates' court level. Section 14 gives judges of superior courts wide bail jurisdiction. Section 15 provides that only a judge of the Supreme Court or Children's Court may grant bail to an accused in custody for murder.
Murder accused - special regime (s 7B). An adult accused of murder may apply to a Supreme Court judge for bail at any time before conviction (s 7B(3)). Once bail is refused, the case cannot be reconsidered unless new facts or circumstances arise or the accused failed to adequately present their case (s 7B(5)-(6)). This is a deliberately restrictive regime that requires positive grounds to revisit a refusal.
Children charged with murder (s 7C). The judicial officer who has custody of a child charged with murder must ensure the child is brought before a Children's Court judge for bail consideration as soon as practicable.
Terrorism-linked accused (s 16B). Special restrictions apply to persons linked to terrorism.
Dispensing with bail (s 7A). A court may, in appropriate circumstances, dispense with the requirement for bail (for example, for minor matters where the accused is reliable and the process would be disproportionate).
Conditions. Courts have a wide discretion to impose conditions under Schedule 1, Part D, tailored to address the risk factors in the particular case. Conditions should be proportionate to the risks identified.
Variation and revocation (s 54). A prosecutor or police officer may cause an accused who has been released on bail to appear before a judicial officer to show cause why bail should not be varied or revoked if there are reasonable grounds to believe the accused: is unlikely to comply with bail requirements; is in breach of conditions; any surety is no longer suitable or any security is insufficient; the appeal has been discontinued; or new facts or circumstances have arisen including that the accused has become a person linked to terrorism (s 54(1)).