Bail Act 1977 (Vic)

Version No. 158

Bail Act 1977

No. 9008 of 1977

Version incorporating amendments as at

30 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Short title and commencement

1APurpose

1BGuiding principles

2Repeals and savings

3Definitions

3AAAAMeaning of vulnerable adult

3AAASurrounding circumstances

3AAOffence that is both a Schedule 1 and a Schedule 2 offence

3AABMeaning of terrorism record

3AACMeaning of terrorism risk information

3ADetermination in relation to an Aboriginal person

3BDetermination in relation to a child

3CDetermination in relation to a person of or over the age of 18 years in a remand centre

3DFlow Charts

Part 2—Granting of bail and admission to bail

4Entitlement to bail

4AAAOffences in respect of which bail must not be refused

4AAWhen 2 step tests apply

4AStep 1—exceptional circumstances test

4CStep 1—show compelling reason test

4DWhen unacceptable risk test applies

4EAll offences—unacceptable risk test

4FRisks that are unacceptable for persons accused of certain offences

5Bail undertaking

5AAAAFamily violence risks

5AAAConduct conditions

5AABBail decision maker to have regard to means of accused or bail guarantor

5AAConditions of bail granted to a child in certain circumstances

5APower to return accused to youth justice centre

7Opposing bail

8Application for bail

8AACourt to make preliminary determination if terrorism risk alleged

8ARefusal of bail—any offence—insufficient information

8BRefusal of bail—offence involving serious injury—uncertainty as to death or recovery

9Bail guarantor

10Power of police officer, sheriff or authorised person to grant or refuse bail

10AAPolice remand

10APower of bail justice to grant or refuse bail

10BInformant must bring person to court if bail justice prohibited from granting bail

11Cash deposit as security for penalty

12Power of court to grant or refuse bail

12AWhen bail decision maker must state reasons for granting bail

12BPersons subject to a summons to answer to a charge

13Treason, murder, certain other offences

13AAAccused with terrorism record

13AAccused on 2 or more bail undertakings

16Extension of bail

16AWritten notice of extension of bail

16BCapacity of child to give bail undertaking

17Written notice of conditions of bail

17AElectronic signature of bail undertaking by accused

17BElectronic signature of undertaking by child accused's parent or some other person

Part 2A—Trial of electronic monitoring of children

Division 1—Preliminary

17CDefinitions

17DMeaning of applicable decision

17EWhat are Part 2A conditions?

17FWhat is a suitability report?

Division 2—Electronic monitoring of children on bail

17GWhen bail decision maker may impose Part 2A conditions

17HBail decision maker may adjourn for preparation of suitability report

17IExtension of bail where Part 2A conditions imposed

17JVarying conditions of bail by revoking related conduct condition

17KAccused ceasing to be of eligible age does not affect Part 2A conditions

17LElectronic monitoring devices and equipment to be removed if conditions cease

17MTemporary removal of electronic monitoring device if person arrested

Division 3—Miscellaneous

17NConfidentiality of personal information

17ODelegation

17PRegulations for this Part

Part 3—Further application for bail, variation of bail conditions, revocation of bail

18Further application for bail where bail refused or revoked

18AACertain circumstances required before application may be heard

18ABHearing and determination of further application for bail

18ACApplication for variation of bail conditions

18ADDetermination of application for variation of the amount of bail or bail conditions

18AEApplication for revocation of bail

18AFDetermination of application for revocation of bail

18AGAppeal against refusal to revoke bail

18AHPreservation of the right of application or appeal to the Supreme Court or County Court

18AINotice of application for variation to be given to bail guarantors

18AJBail guarantor entitled to attend on application for variation

18AKNotice of application to be given to informant and either DPP or prosecutor

Part 4—Appeals

18AAppeal by Director of Public Prosecutions against insufficiency of bail etc.

Part 5—Miscellaneous

19Arrest on another charge not to vacate bail

20Death of bail guarantor

21Abolition of right of a bail guarantor to apprehend a principal

23Bail guarantor may apply for discharge

24Arrest of person released on bail

25Arrest for imposing additional conditions

26Arrest where bail insufficient

27Admission to bail

28One bail undertaking may be given in respect of multiple charges

30Failure to answer bail

30BOffence to commit indictable offence while on bail

31Indemnifying bail guarantor

32Deposit forfeited on failure to attend

32BAppearing or being brought before a court in a proceeding other than a criminal proceeding

32CReview of certain amendments

33Regulations

34Transitional provisions

Schedule 1—Schedule 1 offences

Schedule 2—Schedule 2 offences

Schedule 3—Exceptions to prohibition on refusing bail

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 158

Bail Act 1977

No. 9008 of 1977

Version incorporating amendments as at

30 September 2025

An Act to make better Provision relating to Bail and to amend the Children's Court Act 1973, the Coroners Act 1958, the Crimes Act 1958, the Crown Proceedings Act 1958, the Summary Offences Act 1966, the Magistrates (Summary Proceedings) Act 1975, and the Rape Offences (Proceedings) Act 1976.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART 1—PRELIMINARY

1Short title and commencement

(1)This Act may be cited as the Bail Act 1977.

(2)The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

1APurpose

The purpose of this Act is to provide a legislative framework for the making of decisions as to whether a person accused of an offence should be granted bail, with or without conditions, or remanded in custody.

1BGuiding principles

(1AA)The Parliament recognises the overarching importance of maximising, to the greatest extent possible, the safety of the community and persons affected by crime.

(1)The Parliament also recognises the importance of—

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(b)taking account of the presumption of innocence and the right to liberty; and

(c)promoting fairness, transparency and consistency in bail decision making; and

(d)promoting public understanding of bail practices and procedures.

(2)It is the intention of the Parliament that this Act is to be applied and interpreted having regard to the matters set out in subsections (1AA) and (1).

2Repeals and savings

(1)The Acts mentioned in the Schedule to the extent thereby expressed to be repealed or amended are hereby repealed or amended accordingly.

(2)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed existing or continuing under any such Acts immediately before the commencement of this Act, shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed or amended;

(b)in particular and without affecting the generality of the foregoing paragraph, such repeal or amendment shall not disturb the continuity of status operation or effect of any application determination order warrant recognizance affidavit declaration certificate liability or right made effected issued granted given entered into fixed accrued incurred or acquired or existing or continuing by or under such Acts before the commencement of this Act.

3Definitions

In this Act unless inconsistent with the context or subject-matter—

Aboriginal bail support service means a bail support service that is provided by an entity that—

(a)is managed by Aboriginal people; or

(b)operates for the benefit of Aboriginal people;

Aboriginal person means a person who—

(a)is descended from an Aboriginal or Torres Strait Islander; and

(b)identifies as an Aboriginal or Torres Strait Islander; and

(c)is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

bail decision maker means any of the following empowered under this Act to grant bail, extend bail, vary the amount of bail or the conditions of bail or revoke bail—

(a)a court;

(b)a bail justice;

(c)a police officer;

(d)the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014;

bail guarantee means an undertaking, given by one or more persons, to pay a specified amount if there is—

(a)a failure to comply with a bail undertaking or an undertaking given under section 16B (as the case requires); or

(b)a failure to comply with a condition of the grant of bail in respect of which the undertaking referred to in paragraph (a) was given;

bail guarantor means a person who gives a bail guarantee;

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bail support service means a service provided to assist an accused to comply with the accused's bail undertaking or the conditions of the accused's bail (whether or not that type of service is also provided to persons other than an accused on bail) including, but not limited to—

(a)bail support programs;

(b)medical treatment;

(c)counselling services or treatment services for substance abuse or other behaviour which may lead to commission of offences;

(d)counselling, treatment, support or assistance services for one or more of the following—

(i)a mental illness;

(ii)an intellectual disability;

(iii)an acquired brain injury;

(iv)autism spectrum disorder;

(v)a neurological impairment, including, but not limited to, dementia;

(e)services to help resolve homelessness;

bail undertaking means an undertaking given under section 5(1);

childhas the same meaning as in the Youth Justice Act 2024;

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conduct condition means a condition of bail imposed under section 5AAA(4);

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drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;

electronic monitoring condition means a condition of bail that—

(a)requires the accused to wear an electronic device whose location is monitored; or

(b)facilitates the monitoring of the accused by use of a device referred to in paragraph (a);

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electronic signature includes, but is not limited to—

(a)a person confirming their agreement by electronically selecting an option indicating affirmation; or

(b)a person providing a scanned or photographed copy of a document signed by hand;

family violence has the same meaning as in the Family Violence Protection Act 2008;

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008;

family violence offence means—

(a)an offence against section 37(2), 37A(2), 123(2), 123A(2) or 125A(1) of the Family Violence Protection Act 2008; or

(b)an offence where the conduct of the accused is family violence;

family violence safety notice has the same meaning as in the Family Violence Protection Act 2008;

legal practitioner means an Australian legal practitioner;

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parent has the same meaning as in the Children, Youth and Families Act 2005;

Part 2A conditions means the conditions set out in section 17E;

police custody officer has the same meaning as in the Victoria Police Act 2013;

police officer has the same meaning as in the Victoria Police Act 2013;

prison includes remand centre or youth justice centre under the Children, Youth and Families Act 2005 and any other place where persons may be detained in legal custody and imprisonment has a corresponding interpretation;

prosecutor, in relation to an application under this Act, includes the informant, a police prosecutor and any other person appearing on behalf of the Crown;

recognised DVO has the same meaning as in the Family Violence Protection Act 2008;

Schedule 1 offence means an offence specified in Schedule 1 and, if circumstances are specified in Schedule 1 in relation to that offence, means an offence committed in those circumstances;

Schedule 2 offence means an offence specified in Schedule 2 and, if circumstances are specified in Schedule 2 in relation to that offence, means an offence committed in those circumstances;

section 17 notice means the written notice of conditions of bail required by section 17;

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step 1—exceptional circumstances test—see section 4A;

step 1—show compelling reason test—see section 4B;

step 1 test means—

(a)the step 1—exceptional circumstances test; or

(b)the step 1—show compelling reason test;

step 2—unacceptable risk test—see section 4D;

surrounding circumstances—see section 3AAA;

terrorism or foreign incursion offence means an offence against—

(a)section 4B of the Terrorism (Community Protection) Act 2003; or

(b)a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003; or

(c)a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or

(d)a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or

(e)a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

terrorism record—see section 3AAB;

terrorism-related order means—

(a)a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or

(b)a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(c)an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or

(d)a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(e)a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or

(f)an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003;

terrorism risk information—see section 3AAC;

terrorist act has the same meaning as in the Terrorism (Community Protection) Act 2003;

terrorist organisation has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;

unacceptable risk test—see section 4E;

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vulnerable adult—see section 3AAAA.

3AAAA Meaning of vulnerable adult

(1)For the purposes of this Act, a person is a vulnerable adult if the person is 18 years of age or more and has a cognitive, physical or mental health impairment that causes the person to have difficulty in—

(a)understanding their rights; or

(b)making a decision; or

(c)communicating a decision.

(2)A bail decision maker may consider a person to be a vulnerable adult even if the bail decision maker cannot identify the particular impairment referred to in subsection (1).

3AAA Surrounding circumstances

(1)

If this Act provides, in relation to a matter,

that a bail decision maker must take into account the surrounding circumstances, the bail decision maker must take into account all the circumstances that are relevant to the matter including, but not limited to, the following—

(aa)whether, if the accused were found guilty of the offence with which the accused is charged, it is likely—

(i)that the accused would be sentenced to a term of imprisonment; and

(ii)if so, that the time the accused would spend remanded in custody if bail is refused would exceed that term of imprisonment;

(a)the nature and seriousness of the alleged offending, including whether it is a serious example of the offence;

(b)the strength of the prosecution case;

(c)the accused's criminal history;

(d)the extent to which the accused has complied with—

(i)the conditions of any earlier grant of bail; or

(ii)any earlier bail undertaking;

(e)whether, at the time of the alleged offending, the accused—

(i)was on bail for another offence; or

(ii)was subject to a summons to answer to a charge for another offence; or

(iii)was at large awaiting trial for another offence; or

(iiia)was on remand for another offence; or

(iiib)was at large awaiting sentence for another offence; or

(iv)was released under a parole order; or

(v)was subject to a community correction order made in respect of, or was otherwise serving a sentence for, another offence;

(f)whether there is in force—

(i)a family violence intervention order made against the accused; or

(ii)a family violence safety notice issued against the accused; or

(iii)a recognised DVO made against the accused;

(g)the accused's personal circumstances, including—

(i)the caring responsibilities that the accused has (if any); and

(ii)the accused's associations, home environment and background;

(h)any special vulnerability of the accused, including—

(i)being an Aboriginal person; or

(ii)being a child; or

(iia)being pregnant; or

(iii)experiencing any ill health, including mental illness; or

(iv)having a disability, including physical disability, intellectual disability and cognitive impairment;

Note

The bail decision maker is required to take certain issues into account if the accused is an Aboriginal person—see section 3A. Further, the bail decision maker is required to take certain issues into account if the accused is a child—see section 3B. The bail decision maker is required to take all these issues into account if the accused is both an Aboriginal person and a child.

(i)the availability of treatment or bail support services;

Note

If the accused is an Aboriginal person, see also section 5AAA(4A).

(ia)if the bail decision maker is making an applicable decision within the meaning of Part 2A, the availability of Part 2A conditions;

(j)any known view or likely view of an alleged victim of the offending on the grant of bail, the amount of bail or the conditions of bail;

(k)the length of time the accused is likely to spend in custody if bail is refused;

(l)the likely sentence to be imposed should the accused be found guilty of the offence with which the accused is charged;

(m)whether the accused has expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation;

(n)subject to subsection (2), whether the accused has, or has had, an association with—

(i)another person or a group that has expressed support of the kind referred to in paragraph (m); or

(ii)another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(iii)a terrorist organisation.

(2)A bail decision maker must not take into account the accused having, or having had, an association referred to in subsection (1)(n)(i), (ii) or (iii) unless the bail decision maker is satisfied that the accused knew—

(a)that the person or group had expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation; or

(b)that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(c)that the group was a terrorist organisation.

3AAOffence that is both a Schedule 1 and a Schedule 2 offence

For the purposes of this Act, an offence that is both a Schedule 1 offence and a Schedule 2 offence must be taken to be a Schedule 1 offence.

3AAB   Meaning of terrorism record

For the purposes of this Act, a person has a terrorism record if the person—

(a)has been convicted of a terrorism or foreign incursion offence; or

(b)is or has been subject to a terrorism-related order.

3AAC   Meaning of terrorism risk information

(1)For the purposes of this Act, terrorism risk information in respect of a person means—

(a)an assessment made by an entity specified in subsection (2) that there is a risk that the person will commit a terrorism or foreign incursion offence; and

(b)the information relied on in making that assessment.

(2)The specified entities are—

(a)the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth; and

(b)Victoria Police; and

(c)the Australian Federal Police; and

(d)the Australian Security and Intelligence Organisation; and

(e)the Department of Justice and Community Safety; and

(f)the police force or police service of another State or a Territory; and

(g)the Department of Home Affairs of the Commonwealth; and

(h)each prescribed entity.

(3)Without limiting subsection (1)(b), the information referred to in that provision may include—

(a)information regarding the person having expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation; or

(b)information regarding the person having, or having had, an association with—

(i)another person or a group that has expressed support of the kind referred to in paragraph (a); or

(ii)another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(iii)a terrorist organisation.

Note

Section 8AA(4) prevents a court from having regard to information referred to in paragraph (b) unless the court is satisfied that the person knew certain matters about the person or group that the association is with. See also section 3AAA(2).

3ADetermination in relation to an Aboriginal person

(1)In making a determination under this Act in relation to an Aboriginal person, a bail decision maker must take into account (in addition to any other requirements of this Act) any issues that arise due to the person's Aboriginality, including the following—

(a)the historical and ongoing discriminatory systemic factors that have resulted in Aboriginal people being over-represented in the criminal justice system, including in the remand population;

(b)the risk of harm and trauma that being in custody poses to Aboriginal people;

(c)the importance of maintaining and supporting the development of the person's connection to culture, kinship, family, Elders, country and community;

(d)any issues that arise in relation to the person's history, culture or circumstances, including the following—

(i)the impact of any experience of trauma and intergenerational trauma, including abuse, neglect, loss and family violence;

(ii)any experience of out of home care, including foster care and residential care;

(iii)any experience of social or economic disadvantage, including homelessness and unstable housing;

(iv)any ill health the person experiences, including mental illness;

(v)any disability the person has, including physical disability, intellectual disability and cognitive impairment;

(vi)any caring responsibilities the person has, including as the sole or primary parent of an Aboriginal child;

(e)any other relevant cultural issue or obligation.

Note

If the Aboriginal person is also a child, the bail decision maker must also take into account the issues set out in section 3B(1).

(2)The bail decision maker is to take account of an issue set out in subsection (1) by reference to the evidence and information that is reasonably available to the bail decision maker at the time, including information provided by—

(a)the Aboriginal person's family and community; and

(b)providers of Aboriginal bail support services.

(3)Despite subsection (2), the bail decision maker is to take account of the issues set out in subsection (1)(a) to (c) whether or not any evidence or information is before the bail decision maker in respect of those issues.

(4)The requirement to take an issue set out in subsection (1) into account applies regardless of—

(a)whether the person's connection to their Aboriginality and culture has been intermittent throughout their life; and

(b)whether the person has only recently connected to or discovered their culture or heritage; and

(c)when the person first discloses that they are an Aboriginal person.

(5)If a bail decision maker refuses bail to an Aboriginal person, the bail decision maker must—

(a)identify the matters the bail decision maker had regard to in taking into account the issues set out in subsection (1); and

(b)either—

(i)state those matters orally when refusing bail and ensure that an audio visual recording, or an audio recording, is made of that statement; or

(ii)record those matters in writing in a form that the bail decision maker considers appropriate.

Notes

1Section 19(2) of the Charter of Human Rights and Responsibilities provides that Aboriginal persons hold distinct cultural rights and must not be denied the various rights referred to in that provision.

2When considering bail for an Aboriginal person charged with a Commonwealth offence, a bail decision maker must comply with section 15AB(1)(b) of the Crimes Act 1914 of the Commonwealth.

3BDetermination in relation to a child

(1)In making a determination under this Act in relation to a child, a bail decision maker must take into account (in addition to any other requirements of this Act) the following issues—

(a)the child's age, maturity and stage of development at the time of the alleged offence;

(b)the need to impose on the child the minimum intervention required in the circumstances;

(c)the presumption that a child who is 12 or 13 years of age cannot commit an offence;

Note

See section 11 of the Youth Justice Act 2024.

(d)the need to preserve and strengthen the child's relationships with—

(i)the child's parents, guardian and carers; and

(ii)other significant persons in the child's life;

(e)the importance of supporting the child to live at home or in safe, stable and secure living arrangements in the community;

(f)the importance—

(i)of supporting the child to engage in education, or in training or work; and

(ii)of that engagement being subject only to minimal interruption or disturbance;

(g)the need to minimise the stigma to the child resulting from being remanded;

(h)the fact that time in custody has been shown to pose criminogenic and other risks for children, including—

(i)a risk that the child will become further involved in the criminal justice system; and

(ii)a risk of harm;

(i)the need to ensure that the conditions of bail—

(i)are no more onerous than is necessary; and

(ii)do not constitute unfair management of the child;

(j)the fact that some cohorts of children, including the following cohorts, experience discrimination resulting in that cohort's over-representation in the criminal justice system—

(i)Aboriginal children;

(ii)children involved in the child protection system;

(iii)children from culturally and linguistically diverse backgrounds;

(k)whether, if the child were found guilty of the offence charged, it is likely—

(i)that the child would be sentenced to a term of imprisonment; and

(ii)if so, that the time the child would spend remanded in custody if bail is refused would exceed that term of imprisonment;

(l)any of the following issues that arise—

(i)any ill health the child experiences, including mental illness;

(ii)any disability the child has, including physical disability, intellectual disability, cognitive impairment and developmental delay;

(iii)the impact on the child, and on the child's behaviour, of any experience of abuse, trauma, neglect, loss, family violence or child protection involvement, including removal from family or placement in out of home care;

(m)any other relevant factor or characteristic.

Note

If the child is also an Aboriginal person, the bail decision maker must also take into account the issues set out in section 3A(1).

(1A)The bail decision maker is to take account of an issue set out in subsection (1) by reference to the evidence and information that is reasonably available to the bail decision maker at the time.

(1B)Despite subsection (1A), the bail decision maker is to take account of the issues set out in subsection (1)(b) to (j) whether or not any evidence or information is before the bail decision maker in respect of those issues.

(2)In making a determination under this Act in relation to a child, a bail decision maker may take into account any recommendation or information contained in a report provided by a bail support service.

(3)Bail must not be refused to a child on the sole ground that the child does not have any, or any adequate, accommodation.

3CDetermination in relation to a person of or over the age of 18 years in a remand centre

If—

(a)the accused in a criminal proceeding in any court is of or over the age of 18 years and is in a remand centre (within the meaning of the Children, Youth and Families Act 2005), pursuant to a remand warrant issued when the accused was aged under 18; and

(b)the criminal proceeding relates to one or more offences alleged to have been committed when the accused was of or over the age of 18 years—

in making a determination under this Act in relation to the accused, a bail decision maker must take into account (in addition to any other requirements of this Act)—

(c)whether the accused has engaged in conduct that threatens the good order and safe operation of the youth remand centre; and

(d)whether the accused can be properly controlled in the youth remand centre.

3DFlow Charts

(1)A Flow Chart in this section illustrates the key features of the decision making process to which it relates. It is intended only as a guide to the reader.

(2)Flow Chart 1 shows the process for determining which tests are to be applied in deciding whether to grant bail to a person if—

(a)the person has a terrorism record; or

(b)the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence.

(3)Flow Chart 2 shows the process for determining which tests are to be applied in deciding whether to grant bail to a person to whom neither subsection (2)(a) nor (b) applies.

(4)Flow Chart 3 shows the process for applying the step 1—exceptional circumstances test and then the step 2—unacceptable risk test.

(5)Flow Chart 4 shows the process for applying the step 1—show compelling reason test and then the step 2—unacceptable risk test.

(6)Flow Chart 5 shows the process for applying the unacceptable risk test alone.

PART 2—GRANTING OF BAIL AND ADMISSION TO BAIL

4Entitlement to bail

A person accused of an offence, and being held in custody in relation to that offence, is entitled to be granted bail unless the bail decision maker is required to refuse bail by this Act.

4AAA   Offences in respect of which bail must not be refused

(1)Despite anything to the contrary in any other provision of this Act, a bail decision maker who is deciding whether to grant bail to a person accused of an offence must not refuse bail if—

(a)the person is accused only of offences against the Summary Offences Act 1966 that are not referred to in Schedule 3; and

(b)the person does not have a terrorism record; and

(c)if the bail decision maker is a court, no exception under subsection (2) applies.

(2)An exception applies for the purposes of subsection (1)(c) if—

(a)the court has determined under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence; or

(b)the person was previously granted bail in respect of any of the offences of which the person is accused and that bail was subsequently revoked.

(3)A reference in this Act to a bail decision maker considering, deciding or determining whether to grant bail (however described) includes a reference to a bail decision maker who is prohibited from refusing bail by subsection (1).

Example

Section 5AAAA(1) requires a bail decision maker considering the release on bail of an accused to make inquiries of the prosecutor as to whether certain instruments are in force against the accused. Under subsection (3), the bail decision maker must make these inquires even if subsection (1) prohibits the bail decision maker from refusing bail.

(4)Nothing in this section limits the power of a court to revoke bail.

4AAWhen 2 step tests apply

(1)The step 1—exceptional circumstances test applies to a decision of whether to grant bail to a person accused of a Schedule 1 offence.

(2)The step 1—exceptional circumstances test also applies to a decision of whether to grant bail to a person accused of a Schedule 2 offence if—

(a)the person has a terrorism record; or

(b)the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence; or

(c)the offence is alleged to have been committed—

(i)while the accused was on bail for any Schedule 1 offence or Schedule 2 offence; or

(ii)while the accused was subject to a summons to answer to a charge for any Schedule 1 offence or Schedule 2 offence; or

(iii)while the accused was at large awaiting trial for any Schedule 1 offence or Schedule 2 offence; or

(iiia)while the accused was on remand for a Schedule 1 offence or a Schedule 2 offence; or

(iiib)while the accused was at large awaiting sentence for a Schedule 1 offence or a Schedule 2 offence; or

Note

See subsection (5).

(iv)during the period of a community correction order made in respect of the accused for any Schedule 1 offence or Schedule 2 offence; or

(v)while the accused was otherwise serving a sentence for any Schedule 1 offence or Schedule 2 offence; or

Note

See subsection (5).

(vi)while the accused was released under a parole order made in respect of any Schedule 1 offence or Schedule 2 offence; or

(d)the offence is an offence of conspiracy to commit, incitement to commit or attempting to commit an offence in a circumstance set out in paragraph (c).

(3)The step 1—show compelling reason test applies to a decision of whether to grant bail to a person accused of a Schedule 2 offence if subsection (2) does not apply.

(4)The step 1—show compelling reason test also applies to a decision of whether to grant bail to a person accused of an offence that is neither a Schedule 1 offence nor a Schedule 2 offence if—

(a)the person has a terrorism record; or

(b)the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence.

(5)For the purposes of subsection (2)(c)(iiib) and (v)—

(a)an accused who is released on an undertaking under section 72 of the Sentencing Act 1991 following the court convicting the accused of an offence—

(i)is not at large awaiting sentence for that offence; and

(ii)is not serving a sentence for that offence; and

(b)an accused who is released on an undertaking under section 75 of the Sentencing Act 1991 following the court being satisfied that the accused is guilty of an offence—

(i)is not at large awaiting sentence for that offence; and

(ii)is not serving a sentence for that offence.

Note

In circumstances where a step 1 test applies, section 4D provides that the unacceptable risk test will apply as a step 2 test. However, section 4D also provides that the unacceptable risk test applies even in circumstances where no step 1 test applies.

4AStep 1—exceptional circumstances test

(1)This section applies if, under section 4AA(1) or (2), the step 1—exceptional circumstances test applies to a decision of whether to grant bail.

(1A)The bail decision maker must refuse bail unless satisfied that exceptional circumstances exist that justify the grant of bail.

(2)The accused bears the burden of satisfying the bail decision maker as to the existence of exceptional circumstances.

(3)In considering whether exceptional circumstances exist, the bail decision maker must take into account the surrounding circumstances.

Note

The term surrounding circumstances is defined in section 3. Also the bail decision maker is required to take into account other matters if the accused is an Aboriginal person or a child. See sections 3A and 3B.

(4)If the bail decision maker is satisfied that exceptional circumstances exist that justify the grant of bail, the bail decision maker must then move to step 2—unacceptable risk test.

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4CStep 1—show compelling reason test

(1)This section applies if, under section 4AA(3) or (4), the step 1—show compelling reason test applies to a decision of whether to grant bail.

(1A)The bail decision maker must refuse bail unless satisfied that a compelling reason exists that justifies the grant of bail.

(2)The accused bears the burden of satisfying the bail decision maker as to the existence of a compelling reason.

(3)In considering whether a compelling reason exists, the bail decision maker must take into account the surrounding circumstances.

Note

The term surrounding circumstances is defined in section 3. Also the bail decision maker is required to take into account other matters if the accused is an Aboriginal person or a child. See sections 3A and 3B.

(4)If the bail decision maker is satisfied that a compelling reason exists that justifies the grant of bail, the bail decision maker must then move to step 2—unacceptable risk test.

4DWhen unacceptable risk test applies

A bail decision maker must apply the unacceptable risk test—

(a)on section 4A(4) or 4C(4) requiring the bail decision maker to move to the step 2—unacceptable risk test; or

(b)on a decision of whether to grant bail to which, under section 4AA, neither the step 1—exceptional circumstances test nor the step 1—show compelling reason test applies.

4EAll offences—unacceptable risk test

(1)A bail decision maker must refuse bail for a person accused of any offence if the bail decision maker is satisfied that—

(a)there is a risk that the accused would, if released on bail—

(iaa)commit a Schedule 1 offence or a Schedule 2 offence; or

(i)otherwise endanger the safety or welfare of any other person, whether by committing an offence that has that effect or by any other means; or

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(iii)interfere with a witness or otherwise obstruct the course of justice in any matter; or

(iv)fail to surrender into custody in accordance with the bail undertaking; and

(b)the risk is an unacceptable risk.

Example

An unacceptable risk that the accused, if released on bail, would—

(a)    drive dangerously; or

(b) commit a family violence offence; or

(c)    commit an aggravated burglary; or

(d)    commit an armed robbery; or

(e)    commit a carjacking; or

(f)     commit a home invasion.

(2)The prosecutor bears the burden of satisfying the bail decision maker—

(a)as to the existence of a risk of a kind mentioned in subsection (1)(a); and

(b)that the risk is an unacceptable risk (whether because of section 4F or otherwise).

(3)In considering whether a risk mentioned in subsection (1)(a) is an unacceptable risk (whether because of section 4F or otherwise), the bail decision maker must—

(a)take into account the surrounding circumstances; and

Note

The term surrounding circumstances is defined in section 3. Also the bail decision maker is required to take into account other matters if the accused is an Aboriginal person or a child. See sections 3A and 3B.

(b)consider whether there are any conditions of bail that may be imposed to mitigate the risk so that it is not an unacceptable risk.

(4)The reference in subsection (3)(b) to conditions of bail includes, if the decision of whether to grant bail is an applicable decision within the meaning of Part 2A, Part 2A conditions.

4FRisks that are unacceptable for persons accused of certain offences

(1)This section applies to a decision of whether to grant bail to a person—

(a)who is accused of having committed any of the following offences—

(i)an offence against section 75A of the Crimes Act 1958 (armed robbery);

(ii)an offence against section 77 of the Crimes Act 1958 (aggravated burglary);

(iii)an offence against section 77A of the Crimes Act 1958 (home invasion);

(iv)an offence against section 77B of the Crimes Act 1958 (aggravated home invasion);

(v)an offence against section 79 of the Crimes Act 1958 (carjacking);

(vi)an offence against section 79A of the Crimes Act 1958 (aggravated carjacking); and

(b)who, at the time of the alleged offending, was on bail for an offence referred to in any subparagraph of paragraph (a).

(2)For the purposes of section 4E, a risk that the accused would, if released on bail, commit a Schedule 1 offence or a Schedule 2 offence is an unacceptable risk unless the bail decision maker is satisfied that there is a high degree of probability that the accused would not commit an indictable offence referred to in subsection (1)(a) if released on bail.

(3)Nothing in this section prevents the bail decision maker from being satisfied, other than because of this section, that a risk that the accused would, if released on bail—

(a)commit a Schedule 1 offence or a Schedule 2 offence; or

(b)do any other thing referred to in section 4E(1)(a)—

is an unacceptable risk.

Note

Under section 4E(2)(b), the prosecution bears the burden of satisfying the bail decision maker that a risk is an unacceptable risk. That includes that the risk is an unacceptable risk because of this section.

5Bail undertaking

(1)A grant of bail must require the accused to give an undertaking in writing to surrender into custody at the time and place of the hearing or trial specified in the undertaking and not to depart without leave of the court and, if leave is given, to return at the time specified by the court and again surrender into custody.

(1A)An accused who gives a bail undertaking is under a duty to attend court for the hearing or trial specified in the undertaking and surrender into custody on so attending.

(2)A grant of bail may be subject to—

(a)conduct conditions; or

(b)a condition that requires one or more bail guarantees or a deposit of money of a specified amount (whether or not the grant of bail is also subject to conduct conditions)—

but does not need to be subject to any of these conditions.

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Notes

1Sections 12 and 21 of the Charter of Human Rights and Responsibilities set out a right of freedom of movement and a right to liberty and security of the person.

2Sections 23 and 25 of the Charter of Human Rights and Responsibilities set out the rights of children in the criminal process and the rights of an adult in criminal proceedings.

3Section 7(2) of the Charter of Human Rights and Responsibilities sets out how a human right may be limited after taking into account all relevant factors, including any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.

5AAAA Family violence risks

(1)A bail decision maker considering the release on bail of an accused must make inquiries of the prosecutor as to whether there is in force—

(a)a family violence intervention order made against the accused; or

(b)a family violence safety notice issued against the accused; or

(c)a recognised DVO made against the accused.

(2)A bail decision maker considering the release on bail of an accused charged with a family violence offence must consider—

(a)whether, if the accused were released on bail, there would be a risk that the accused would commit family violence; and

(b)whether that risk could be mitigated by—

(i)the imposition of a condition; or

(ii)the making of a family violence intervention order.

5AAA   Conduct conditions

(1)A bail decision maker considering the release of an accused on bail must impose any condition that, in the opinion of the bail decision maker, will reduce the likelihood that the accused may—

(aa)commit a Schedule 1 offence or a Schedule 2 offence; or

(a)otherwise endanger the safety or welfare of any other person, whether by committing an offence that has that effect or by any other means; or

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(c)interfere with a witness or otherwise obstruct the course of justice in any matter; or

(d)fail to surrender into custody in accordance with the bail undertaking.

Example

A bail decision maker may impose a condition in order to reduce the likelihood that the accused may—

(a)    drive dangerously; or

(b) commit a family violence offence; or

(c)    commit an aggravated burglary; or

(d)    commit an armed robbery; or

(e)    commit a carjacking; or

(f)     commit a home invasion.

(2)If a bail decision maker imposes one or more conditions, each condition and the number of conditions—

(a)must be no more onerous than is required to reduce the likelihood that the accused may do a thing mentioned in subsection (1)(a) to (d); and

(b)must be reasonable, having regard to the nature of the alleged offence and the circumstances of the accused; and

(c)subject to subsection (3), must be consistent with each condition of each family violence intervention order, family violence safety notice or recognised DVO to which the accused is subject.

(3)A bail decision maker may impose a condition that is inconsistent with a condition of a family violence intervention order, family violence safety notice or recognised DVO if the bail decision maker is satisfied that the proposed condition will better protect the safety or welfare of—

(a)an alleged victim of the offence with which the accused is charged; or

(b)a protected person (within the meaning of the Family Violence Protection Act 2008).

Note

Sections 175AA, 175AB and 175AC of the Family Violence Protection Act 2008 provide that if it is not possible to comply with both a bail condition and a family violence safety notice, a family violence intervention order or a recognised DVO, the safety notice, intervention order or recognised DVO prevails to the extent of the inconsistency.

(3A)Subsections (2) and (3) apply in relation to Part 2A conditions in the same way that they apply in relation to any other condition.

(4)Without limiting section 5(2), a bail decision maker may impose all or any of the following conditions about the conduct of an accused—

(a)reporting to a police station;

(b)residing at a particular address;

(c)subject to subsection (5), a curfew imposing times at which the accused must be at their place of residence;

(d)that the accused is not to contact specified persons or classes of person;

Example

Witnesses, alleged victims or co-accused.

(e)surrender of the accused's passport;

(f)geographical exclusion zones, being places or areas the accused must not visit or may only visit at specified times;

Example

Not attending a gaming venue, a venue that sells alcohol or a point of international departure.

(g)attendance and participation in a bail support service;

Note

If the accused is an Aboriginal person, see subsection (4A).

(h)that the accused not drive a motor vehicle or carry passengers when driving a motor vehicle;

(i)that the accused not consume alcohol or use a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 without lawful authorisation under that Act;

(j)that the accused comply with any existing intervention orders;

(k)any other condition that the bail decision maker considers appropriate to impose in relation to the conduct of the accused.

(4A)If a bail decision maker is imposing a condition referred to in subsection (4)(g), and the accused is an Aboriginal person, the bail decision maker must take into account that it is important for the bail support services that Aboriginal people attend and participate in to be Aboriginal bail support services where that is appropriate, and where such services are available.

Note

In making a determination under this Act in relation to an Aboriginal person, a bail decision maker must take into account the issues set out in section 3A(1).

(5)If a bail decision maker imposes a curfew on an accused as a conduct condition, the period of curfew imposed must not exceed 12 hours within a 24-hour period.

(6)A condition imposed by a bail decision maker continues to be binding on the accused until it is varied or revoked or the matter in relation to which it was imposed is finally determined by a court.

(7)A bail decision maker must not impose an electronic monitoring condition except—

(a)in accordance with subsection (8); or

(b)in accordance with Part 2A.

Note

Part 2A provides for a trial of the electronic monitoring of children on bail in certain circumstances.

(8)A bail decision maker may impose an electronic monitoring condition if—

(a)the bail decision maker is not making an applicable decision within the meaning of Part 2A; and

(b)the monitoring required or facilitated by the condition is to be carried out by a prescribed entity; and

(c)the prescribed requirements (if any) are met.

(9)Nothing in subsection (7) or (8)—

(a)limits what a bail decision maker may do under Part 2A; or

(b)otherwise affects the operation of that Part.

5AAB Bail decision maker to have regard to means of accused or bail guarantor

(1)If a bail decision maker is considering, in accordance with section 5(2)(b), imposing a condition that requires a deposit of money of a specified amount, the bail decision maker must have regard to the means of the accused in determining—

(a)whether to impose the condition; and

(b)the amount of money to be deposited.

(2)If a bail decision maker is satisfied under subsection (1) that the accused does not have sufficient means to satisfy a condition requiring a deposit of money of a specified amount, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).

(3)If a bail decision maker is considering imposing a condition that requires a bail guarantee, the bail decision maker must have regard to the means of a proposed bail guarantor in determining—

(a)whether to impose the condition; and

(b)the amount of the bail guarantee.

(4)If a bail decision maker is satisfied under subsection (3) that the accused is unable to provide a bail guarantor with sufficient means, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).

5AAConditions of bail granted to a child in certain circumstances

(1)This section applies if an accused who is a child is granted bail by a bail justice, police officer, the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014.

(2)The court, at the first hearing following the grant of bail at which the child is present, must ensure that the conditions of bail imposed by the bail justice, police officer, sheriff or person authorised under section 115(5) of the Fines Reform Act 2014 comply with the requirements of section 5AAA(2).

(3)The court may make any variations to the conditions of bail that are necessary for the purposes of subsection (2).

5APower to return accused to youth justice centre

(1)Despite anything in this Act, if—

(a)the accused in a criminal proceeding in the Supreme Court or the County Court is a person undergoing a sentence of detention in a youth justice centre; and

(b)the Supreme Court or the County Court, as the case may be, adjourns the proceeding—

the Supreme Court or the County Court may, subject to subsection (3), instead of remanding the accused in custody—

(c)direct that the accused be returned to the custody of the Secretary to the Department of Justice and Community Safety until the end of the sentence of detention or the resumption of the hearing, whichever is the sooner; and

(d)either—

(i)grant the accused bail on a condition that the accused is not to be admitted to bail until the end of the sentence of detention; or

(ii)refuse bail and direct that the accused be brought before the Supreme Court or the County Court, as the case may be, at a later date for it to consider the granting of bail.

(2)In this section, the end of the sentence of detention means the time when the accused is released from custody, whether on parole or otherwise.

(3)If the Secretary to the Department of Justice and Community Safety objects to the accused being returned to a youth justice centre under subsection (1), the Supreme Court or the County Court may only order that the accused is to be returned to a youth justice centre under that subsection if the Supreme Court or the County Court has considered—

(a)the antecedents and behaviour of the accused; and

(b)the age and maturity of the accused; and

(c)any evidence of the behaviour of the accused in custody; and

(d)whether an application has been made to the Youth Parole Board regarding the custody of the accused; and

(e)any other relevant factor.

Note

See also section 333 of the Criminal Procedure Act 2009.

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7Opposing bail

(1)Where the prosecutor intends to oppose the grant of bail to any person the prosecutor shall so state to the bail decision maker and the bail decision maker may, before or at any time during the course of the application for bail, make an order directing that the evidence taken, the information given, and the representations made and the reasons (if any) given or to be given by the bail decision maker shall not be published by any means—

(a)if a committal proceeding is held—before the accused in respect of whom the application is made is discharged; or

(b)if the accused in respect of whom the application is made is tried or committed for trial—before the trial is ended.

(2)Any person who fails without lawful excuse, the proof of which lies upon the person, to comply with an order made under subsection (1) shall be guilty of an offence against this Act.

Penalty:15 penalty units or imprisonment for three months.

8Application for bail

(1)In any proceedings with respect to bail—

(aa)the bail decision maker is not bound by the rules of evidence;

(a)the bail decision maker may, subject to paragraph (b), make such inquiries on oath or by affirmation or otherwise of and concerning the accused as the bail decision maker considers desirable;

(b)the accused shall not be examined or cross‑examined by the bail decision maker or any other person as to the offence with which the accused is charged and no inquiry shall be made of the accused as to that offence;

(c)the prosecutor may, in addition to any other relevant evidence, submit evidence, whether by affidavit or otherwise—

(i)to prove that the accused has previously been convicted of a criminal offence;

(ii)to prove that the accused has been charged with and is awaiting trial on another criminal offence;

(iia)to show that there is a risk that the accused may subject another person to family violence;

(iii)to prove that the accused has previously failed to surrender into custody in answer to bail; or

(iv)to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused;

(d)the bail decision maker may take into consideration any relevant matters agreed upon by the informant or prosecutor and the accused or the accused's legal practitioner; and

(e)the bail decision maker may receive and take into account any evidence which the bail decision maker considers credible or trustworthy in the circumstances.

(2)Nothing in subsection (1)(aa) or (a) prevents the application of Part 3.10 of the Evidence Act 2008.

(3)A bail decision maker may adjourn the hearing of a proceeding with respect to bail for up to 4 hours if satisfied that the accused appears to be seriously affected by alcohol or another drug or a combination of drugs.

(4)On adjourning a hearing under subsection (3), the bail decision maker may remand the accused in custody until the further hearing of the matter.

(5)Subsection (6) applies if, on the first further hearing of a matter adjourned under subsection (3), the bail decision maker is satisfied that the accused still appears to be seriously affected by alcohol or another drug or a combination of drugs.

(6)The bail decision maker may adjourn the hearing of the matter for one further period of up to 4 hours and remand the accused in custody until the next hearing of the matter.

8AACourt to make preliminary determination if terrorism risk alleged

(1)This section applies if—

(a)a court is considering whether to grant bail to a person who is accused of an offence (other than a person arrested on an enforcement warrant issued under the Fines Reform Act 2014); and

(b)the step 1—exceptional circumstances test does not apply to that decision by operation of section 4AA(2)(a), (c) or (d); and

(c)the prosecutor—

(i)states that the prosecutor has terrorism risk information in respect of the accused; and

(ii)alleges that this information shows that there is a risk that the accused will commit a terrorism or foreign incursion offence.

Notes

1 If a prosecutor makes such an allegation before a bail decision maker other than a court, that bail decision maker cannot grant bail. See sections 10(5AA) and 10A(5AA).

2 See section 4AA(1) and (2) for when the step 1—exceptional circumstances test applies.

(2)Before determining whether to grant bail, the court must determine whether there is a risk that the accused will commit a terrorism or foreign incursion offence.

Note

If the court determines that there is such a risk, a different step 1 test applies to the decision of whether to grant bail. See section 4AA(2)(b) and (4)(b).

(3)For the purposes of subsection (2), but subject to subsection (4), the court must have regard to any terrorism risk information provided to the court.

(4)The court must not have regard to terrorism risk information regarding the accused having, or having had, an association referred to in section 3AAA(1)(n)(i),(ii) or (iii) unless the court is satisfied that the accused knew—

(a)that the person or group had expressed support for—

(i)the doing of a terrorist act; or

(ii)a terrorist organisation; or

(iii)the provision of resources to a terrorist organisation; or

(b)that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or

(c)that the group was a terrorist organisation.

(5)Nothing in this section prevents the court from considering, under section 4E, whether there is an unacceptable risk an accused would, if released on bail, commit a terrorism or foreign incursion offence.

8ARefusal of bail—any offence—insufficient information

A bail decision maker may refuse bail for a person accused of any offence if satisfied that it has not been practicable to obtain sufficient information for the purpose of deciding the matter because of the shortness of the period since the commencement of the proceeding for the offence.

8BRefusal of bail—offence involving serious injury—uncertainty as to death or recovery

(1)This section applies in relation to an application for bail made by or on behalf of a person accused of an offence of causing injury to another person.

(2)A bail decision maker may refuse bail if at the time of deciding the application it is uncertain whether the person injured will die or recover from the injury.

9Bail guarantor

(1)Every bail guarantor shall be a person who has attained the age of eighteen years who is not under any disability in law and is worth not less than the amount of the bail in real or personal property or both.

(2)Where an accused is required to provide one or more bail guarantors regard may be had in considering the suitability of a proposed bail guarantor to the following in addition to any other relevant matters—

(a)the proposed bail guarantor's financial resources;

(b)the proposed bail guarantor's character and any previous convictions; and

(c)the proposed bail guarantor's proximity (whether in point of kinship place of residence or otherwise) to the accused.

(2A)If an objection to a proposed bail guarantor is raised, the suitability of the proposed bail guarantor is to be determined by a magistrate or judge.

(3)Before admitting an accused to bail with one or more bail guarantors the bail decision maker or other person authorized by section 27 shall—

(a)be satisfied of the sufficiency of the means of each bail guarantor and for this purpose may require a proposed bail guarantor to—

(i)lodge in cash the amount of the bail; or

(ii)lodge a document that is evidence of the ownership and the value of property or any other asset to the amount of the bail; and

Note

Examples of documents that may be required are a copy of a certificate of title for the property or a search of the title of the land, a current rate notice that includes a valuation of the property, an independent valuation of the property or a bank statement of a mortgage account in relation to the property.

(b)require each proposed bail guarantor to make an affidavit of justification for bail before the bail decision maker or other person authorized by section 27; and

(c)require each proposed bail guarantor to sign the bail undertaking.

(3A)For the purposes of this section—

(a)a proposed bail guarantor may appear before a court within the meaning of section 3(1) of the Evidence (Miscellaneous Provisions) Act 1958 by audio visual link or audio link in accordance with Part IIA of that Act; or

(b)a proposed bail guarantor may give information to any other bail decision maker or to a person authorised by section 27 by audio visual link or audio link within the meaning of section 42C of that Act.

(3B)If an audio visual link or an audio link is used as provided in subsection (3A)—

(a)the bail undertaking may be constituted by—

(i)the undertaking signed by the accused; and

(ii)a copy of the undertaking signed by the accused which is transmitted to the bail guarantor by any means and signed by the bail guarantor (including by electronic signature); and

(iii)a copy of the document referred to in subparagraph (ii) which is transmitted back to the court or other person who is admitting the accused to bail;

(b)the affidavit of justification for bail may be constituted by—

(i)the affidavit of the bail guarantor sworn or affirmed before an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018; and

(ii)a copy of that sworn or affirmed affidavit which is transmitted to the court or other person who is admitting the accused to bail.

(3C)The court or other person may act on a copy of a document which is transmitted in accordance with subsection (3B).

(3D)A bail guarantor who under subsection (3B)—

(a)signs a copy of a bail undertaking; or

(b)transmits a copy of a sworn or affirmed affidavit of justification for bail—

without delay must send the signed copy of the undertaking or the original sworn or affirmed affidavit (as the case may be) to the court or other person who admitted the accused to bail.

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(5)A court or other person—

(a)before which or whom an affidavit of justification is made may administer an oath or affirmation to the deponent and shall ask any questions which are required by any Act or law to be asked in the circumstances or which appear to the court or other person to be necessary.

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(6)Where it appears to a court that a bail guarantor has sworn or affirmed an affidavit of justification which the bail guarantor knew to be false in a material particular the court may declare the bail to be forfeited and issue its warrant for the apprehension of the accused.

(7)If a bail guarantor has lodged a document that is evidence of ownership of property or any other asset under subsection (3), the bail guarantor may lodge in cash the amount of the bail and receive the document in return.

(7A)If a bail guarantor lodges cash under subsection (7), the affidavit of justification of bail made by the bail guarantor must be endorsed to the effect that the type of security has been changed.

(8)Where a bail guarantor has pursuant to this section lodged in cash the amount of the bail the court or person with whom the cash is lodged shall issue a receipt for the money.

10Power of police officer, sheriff or authorised person to grant or refuse bail

(1)This section applies if a person is arrested and it is not practicable to bring the person before a court immediately after the person is taken into custody or, if questioning or investigation under section 464A(2) of the Crimes Act 1958 has commenced, immediately on the expiration of the reasonable time referred to in section 464A(1) of that Act.

(2)A police officer of or above the rank of sergeant or for the time being in charge of a police station, the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 (as the case requires) must, without delay, consider whether to grant bail to the person in accordance with this Act.

(3)If the person is a child, the bail decision maker must ensure that a parent or guardian of the child, or an independent person, is present during the proceeding in relation to bail.

Note

See also section 5AA (conditions of bail granted to a child in certain circumstances).

(4)An independent person present in accordance with subsection (3) may take steps to facilitate the granting of bail, for example, by arranging accommodation.

(5)The police officer, the sheriff or person authorised under section 115(5) of the Fines Reform Act 2014, in accordance with this Act, may grant or refuse bail.

Note

Sections 13, 13AA and 13A specify circumstances in which only a court may grant bail. These circumstances relate to—

· certain instances in which the step 1—exceptional circumstances test applies;

·     certain terrorism or foreign incursion offences;

· accused persons who have a terrorism record;

·     persons accused of Schedule 2 offences who are already on 2 or more bail undertakings in relation to other indictable offences.

(5AA)The bail decision maker is prohibited from granting bail if the prosecutor—

(a)states that the prosecutor has terrorism risk information in respect of the accused; and

(b)alleges that this information shows that there is a risk that the accused will commit a terrorism or foreign incursion offence.

(5A)If the bail decision maker is prohibited by subsection (5AA) or section 13, 13AA or 13A from granting bail to the arrested person, the bail decision maker must—

(a)refuse to consider whether to grant or refuse bail; and

(b)bring the person before a court as soon as practicable.

(5B)Subsection (5C) applies if a bail decision maker who is the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 decides to grant bail but the person refuses to give a bail undertaking.

(5C)Despite subsection (2), the bail decision maker may take and safely convey the person to a bail decision maker who is a police officer for their consideration.

(6)If bail is refused under subsection (5) and the arrested person is not a person to whom section 10AA applies, the bail decision maker must—

(a)endorse on the warrant, file or other papers relating to the arrested person or in any register or record of persons in custody the reasons for refusing bail; and

(b)if it is then within ordinary court sitting hours, cause the arrested person to be brought before a court as soon as practicable and advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and

(c)if it is then outside ordinary court sitting hours, advise the arrested person that they are entitled, should they so wish, to apply to a bail justice for bail and—

(i)if the arrested person wishes to so apply for bail, cause the arrested person to be brought before a bail justice as soon as practicable; or

(ii)if the arrested person does not wish to so apply for bail, cause the arrested person to be brought before a court as soon as practicable and advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and

(d)cause to be produced before the court or bail justice a copy of the endorsement mentioned in paragraph (a); and

(e)give the person a written statement setting out the provisions of this subsection and of subsection (5).

(6A)If bail is granted but the arrested person objects to the amount fixed for bail or any condition of bail, the bail decision maker must—

(a)advise the arrested person that they are entitled, should they so wish, to apply to a court or, if it is then outside ordinary court sitting hours, to a bail justice for variation of the amount of bail or conditions of bail; and

(b)give the person a written statement setting out the provisions of this subsection and of subsections (5), (7) and (8).

(6B)Subsection (6A) does not apply to a person arrested on an enforcement warrant issued under the Fines Reform Act 2014.

(7)Subsection (8) applies if the arrested person elects under subsection (6A) to apply for variation of the amount of bail or conditions of bail.

(8)The bail decision maker must cause the arrested person to be brought before a court as soon as practicable or, if it is then outside ordinary court sitting hours, before a bail justice.

10AA   Police remand

(1)Subject to subsection (2), this section applies to any arrested person mentioned in section 10(1) and for whom bail is refused under section 10(5) by a bail decision maker who is a police officer of or above the rank of sergeant or for the time being in charge of a police station.

(2)This section does not apply to an arrested person who is—

(a)a child; or

(b)a vulnerable adult; or

(c)an Aboriginal person; or

(d)a person arrested on an enforcement warrant issued under the Fines Reform Act 2014.

(3)For the purposes of this section—

(a)a person may be considered to be a vulnerable adult or an Aboriginal person if the police officer is of the opinion that the person is such a person; and

(b)a police officer, in considering whether an arrested person is an Aboriginal person, must have regard to any statement made by the arrested person (whether or not in response to a question asked by the police officer) as to whether they are an Aboriginal person.

(4)If bail is refused under section 10(5) for a person to whom this section applies, the police officer must—

(a)endorse on the warrant, file or other papers relating to the arrested person or in any register or record of persons in custody the reasons for refusing bail; and

(b)remand the person in custody to appear before a court as soon as practicable within the period of 48 hours after being so remanded; and

(c)cause to be produced before the court a copy of the endorsement mentioned in paragraph (a); and

(d)advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and

(e)give the person a written statement setting out the provisions of this section and of section 10(5).

(5)The police officer must not remand the person in custody under subsection (4)(b) if the police officer considers that it is not practicable for the person to be brought before a court within the next 48 hours (including appearing before it by audio visual link).

(6)In the circumstances mentioned in subsection (5) the person must be brought before a bail justice as soon as practicable.

(7)If a person remanded in custody under subsection (4)(b) is not brought before a court within 48 hours after being so remanded, the person must be brought before a bail justice as soon as practicable after the expiry of that period of 48 hours.

10APower of bail justice to grant or refuse bail

(1)This section applies if a person in custody is brought before a bail justice, whether as a result of being brought before the bail justice in accordance with section 10(6) or (8) or 10AA(6) or (7) of this Act or section 64(2)(a) or 78(2)(a) of the Magistrates' Court Act 1989 or being otherwise before the bail justice.

(2)The bail justice must hear and determine any application made for bail or for variation of the amount of bail or conditions of bail, or for remand in custody, in respect of the person.

(2A)If the person is brought before the bail justice because a police officer, on refusing bail for the person under section 10(5), was of the opinion that the person was an Aboriginal person or a vulnerable adult, the bail justice is not required to consider whether the person is such a person but may rely on the opinion of the police officer.

(3)If the person is a child, the bail justice must ensure that a parent or guardian of the child, or an independent person, is present during the hearing of the application.

Note

See also section 5AA (conditions of bail granted to a child in certain circumstances).

(4)An independent person present in accordance with subsection (3) may take steps to facilitate the granting of bail, for example, by arranging accommodation.

(5)The bail justice, in accordance with this Act, may grant or refuse bail.

Note

Sections 13, 13AA and 13A specify circumstances in which only a court may grant bail. These circumstances relate to—

· certain instances in which the step 1—exceptional circumstances test applies;

·     certain terrorism or foreign incursion offences;

· accused persons who have a terrorism record;

·     persons accused of Schedule 2 offences who are already on 2 or more bail undertakings in relation to other indictable offences.

(5AA)The bail justice is prohibited from granting bail if the prosecutor—

(a)states that the prosecutor has terrorism risk information in respect of the accused; and

(b)alleges that this information shows that there is a risk that the accused will commit a terrorism or foreign incursion offence.

(5AAB)If the bail justice is prohibited by subsection (5AA) or section 13, 13AA or 13A from granting bail to the person, the bail justice must refuse to consider whether to grant or refuse bail.

Note

Section 10B requires that the informant must bring the person before a court as soon as practicable.

(5A)A bail justice who grants bail must certify on the remand warrant—

(a)consent to the person being bailed; and

(b)the amount specified in any bail guarantee; and

(i)section 22 of the Crimes Act 1958 (conduct endangering life); or

(ii)section 23 of the Crimes Act 1958 (conduct endangering persons); or

(iii)section 64A(1) of the Road Safety Act 1986 (driving a motor vehicle when directed to stop); and

(c)the conduct that is alleged to constitute the offence referred to in paragraph (b) is alleged to involve the accused using the motor vehicle referred to in paragraph (a).

21B.  An offence against section 74(1) of the Crimes Act 1958 (theft) in circumstances where—

(a)the offence is committed in relation to a motor vehicle; and

(b)the accused is also—

(i)accused of an offence against section 5AA of the Control of Weapons Act 1990 in circumstances where it is alleged that the offence was committed by possessing a prohibited weapon; or

(ii)accused of an offence against section 6(1) of the Control of Weapons Act 1990 in circumstances where it is alleged that the offence was committed by possessing a controlled weapon; and

(c)the accused is alleged to have possessed the prohibited weapon or controlled weapon in the course of stealing (within the meaning of section 72 of the Crimes Act 1958) the motor vehicle referred to in paragraph (a).

22.An offence against any of the following provisions of the Crimes Act 1958—

(aa)section 31C (discharging a firearm reckless to safety of a police officer or a protective services officer) in circumstances where the offender's conduct is alleged to have created a risk to the physical safety of the victim or to any member of the public;

(aab)section 74AA (theft of firearm);

*                *                *                *                *

(d)section 197(2) (destroying or damaging property) if the offence is charged as arson.

Note

See section 197(6) of the Crimes Act 1958.

(e)section 197A (arson causing death);

(ea)section 317AC (intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);

(eb)section 317AD (aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);

(ec)section 317AE (recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);

(ed)section 317AF (aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving);

(ee)section 317AG (damaging an emergency service vehicle);

(f)section 318(1) (culpable driving causing death);

(g)section 319(1) or (1A) (dangerous driving causing death or serious injury);

(h)section 319AA(1) (dangerous or negligent driving while pursued by police).

23.Any indictable offence in the course of committing which the accused, or any person involved in the commission of the offence, is alleged to have used or threatened to use—

(a)a firearm, offensive weapon, or explosive as defined by section 77(1A) of the Crimes Act 1958; or

(b)a controlled weapon or prohibited weapon as defined by section 3 of the Control of Weapons Act 1990.

23A.  An offence of common assault that is alleged to have been committed in the circumstances referred to in section 320A(1) or (2) of the Crimes Act 1958 and it is alleged that the assault consisted of or included the direct application of force within the meaning of the definition of assault in section 31(2) of that Act.

24.An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981—

(a)section 71AB (trafficking in a drug or drugs of dependence to a child);

(b)section 71AC (trafficking in a drug of dependence);

(c)section 72B (cultivation of narcotic plants);

(d)section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b) or (c).

25.An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 (as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001)—

(a)section 71(1) (trafficking in a drug of dependence);

(b)section 72(1) (cultivation of narcotic plants);

(c)section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b).

26.An offence against section 302.2, 302.3, 303.4, 303.5, 304.1, 304.2, 305.3, 305.4, 306.2, 307.1, 307.2, 307.5, 307.6, 307.8, 307.9, 307.11, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14 or 309.15 of the Criminal Code of the Commonwealth.

27.An offence under section 231(1), 233A or 233B(1) of the Customs Act 1901 of the Commonwealth (as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth) in circumstances where the offence is committed in relation to a commercial or trafficable quantity of narcotic goods within the meaning of that Act.

28.An indictable offence that is alleged to have been committed while the accused is the subject of a supervision order, or interim supervision order, within the meaning of the Serious Offenders Act 2018.

29.An indictable offence, and the accused, at any time during the proceeding with respect to bail, is the subject of a supervision order, or interim supervision order, within the meaning of the Serious Offenders Act 2018.

30.An offence against section 5(1) of the Firearms Act 1996 (prohibited person possessing, carrying or using a firearm).

30A. An offence against section 5(2) of the Firearms Act 1996 (prohibited person possessing, carrying or using a silencer or any other prescribed item) in circumstances where the offence is committed in relation to a silencer.

30B. An offence against section 7C(1) of the Firearms Act 1996 (possession of a traffickable quantity of firearms).

30C. An offence against section 112B of the Firearms Act 1996 (acquiring, possessing, carrying or using a firearm or firearm related item in contravention of a firearm prohibition order).

30D. An offence against section 130(1) of the Firearms Act 1996 (possessing a loaded firearm in certain places) in circumstances where the offence is committed in a public place.

30E. An offence against section 130(1B) of the Firearms Act 1996 (using a firearm in certain places) in circumstances where the offence is committed in a public place.

30F. An offence against section 131A(1) of the Firearms Act 1996 (discharging a firearm at a vehicle, vessel, aircraft or premises).

30G. An offence against section 131A(2) of the Firearms Act 1996 (discharging a firearm at a vehicle, vessel, aircraft or premises while carrying out a serious indictable offence).

31.An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule.

32.Any other offence the necessary elements of which consist of elements that constitute an offence referred to in any other item of this Schedule.

SCHEDULE 3—EXCEPTIONS TO PROHIBITION ON REFUSING BAIL

Notes

1Section 4AAA(1) prohibits a bail decision maker from refusing a person bail in certain circumstances. One of those circumstances is that every offence of which the person is accused is an offence against the Summary Offences Act 1966 that is not listed in this Schedule.

2Section 12B(2A) prohibits a court from remanding a person in custody where that person is subject to a summons to answer to a charge for an offence, and the person has come before the court and the hearing of the criminal proceeding is to be adjourned. The prohibition applies in certain circumstances. One of those circumstances is that every offence of which the person is accused is an offence against the Summary Offences Act 1966 that is not listed in this Schedule.

1.An offence against section 19(1) of the Summary Offences Act 1966 (sexual exposure).

2.An offence against section 23 of the Summary Offences Act 1966 (common assault).

3.An offence referred to in section 24(1) or (2) of the Summary Offences Act 1966 (aggravated assault).

4.An offence against section 41A of the Summary Offences Act 1966 (observation of genital or anal region).

5.An offence against section 41B of the Summary Offences Act 1966 (visually capturing genital or anal region) as in force before its repeal.

6.An offence against section 41C of the Summary Offences Act 1966 (distribution of image of genital or anal region) as in force before its repeal.

7.An offence against section 41DA(1) of the Summary Offences Act 1966 (distribution of intimate image) as in force before its repeal.

8.An offence against section 41DB(1) of the Summary Offences Act 1966 (threat to distribute intimate image) as in force before its repeal.

9.An offence against section 41H(2) of the Summary Offences Act 1966 (food or drink spiking).

10.An offence against section 41K(1) or (1A) of the Summary Offences Act 1966 (public display or performance of Nazi symbols or gestures).

10A. An offence against section 49F of the Summary Offences Act 1966 (contravening conduct condition of bail undertaking).

11.An offence against section 51(2), (3) or (4) of the Summary Offences Act 1966 (assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty).

12.An offence against section 51A(1) or (2) of the Summary Offences Act 1966 (assaulting registered health practitioners).

13.An offence against section 52A of the Summary Offences Act 1966 (offence to harass witness etc.).

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Bail Act 1977 was assented to on 10 May 1977 and came into operation on 1 September 1977: Government Gazette 17 August 1977 page 2654.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Bail Act 1977 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Bail Act 1977, No. 9008/1977

Assent Date:	10.5.77
Commencement Date:	S. 34D inserted on 25.4.20 by No. 11/2020 s. 24: s. 2 (as amended by No. 27/2020 s. 19)
Note:	S. 34D repealed Pt 6 (ss 34A–34D) on 26.4.21
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Statute Law Revision Act 1977, No. 9059/1977

Assent Date:	29.11.77
Commencement Date:	29.11.77: subject to s. 2
CurrentState:	All of Act in operation

Age of Majority Act 1977, No. 9075/1977

Assent Date:	6.12.77
Commencement Date:	1.2.78: Government Gazette 11.1.78 p. 97
CurrentState:	All of Act in operation

Bail (Amendment) Act 1978, No. 9158/1978

Assent Date:	30.5.78
Commencement Date:	1.10.78: Government Gazette 6.9.78 p. 2869
CurrentState:	All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:	27.5.80
Commencement Date:	27.5.80: subject to s. 6(2)
CurrentState:	All of Act in operation

Penalties and Sentences Act 1981, No. 9554/1981

Assent Date:	19.5.81
Commencement Date:	S. 44 on 26.9.80: s. 1(3); ss 1, 36–46 on 3.6.81: Government Gazette 3.6.81 p. 1778; rest of Act on 1.9.81: Government Gazette 26.8.81 p. 2799
CurrentState:	All of Act in operation

Bail (Amendment) Act 1981, No. 9690/1981

Assent Date:	5.1.82
Commencement Date:	5.1.82
CurrentState:	All of Act in operation

Director of Public Prosecutions Act 1982, No. 9848/1982

Assent Date:	21.12.82
Commencement Date:	Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83 p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83 p. 1146
CurrentState:	All of Act in operation

Statute Law Revision (Repeals) Act 1982, No. 9863/1982

Assent Date:	5.1.83
Commencement Date:	5.1.83
CurrentState:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983

Assent Date:	15.6.83
Commencement Date:	15.6.83: subject to s. 2(2)
CurrentState:	All of Act in operation

Drugs, Poisons and Controlled Substances (Amendment) Act 1983, No. 10002/1983

Assent Date:	13.12.83
Commencement Date:	18.12.83: Government Gazette 14.12.83 p. 3954
CurrentState:	All of Act in operation

Crimes (General Amendment) Act 1984, No. 10084/1984

Assent Date:	22.5.84
Commencement Date:	1.7.84: Government Gazette 27.6.84 p. 2119
CurrentState:	All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
CurrentState:	All of Act in operation

Coroners Act 1985, No. 10257/1985

Assent Date:	10.12.85
Commencement Date:	Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115
CurrentState:	All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701
CurrentState:	All of Act in operation

Bail (Amendment) Act 1986, No. 89/1986

Assent Date:	16.2.86
Commencement Date:	Pts 1, 2 on 15.2.87: Government Gazette 11.2.87 p. 291; Pt 3 on 3.8.87: Government Gazette 24.6.87 p. 1600
CurrentState:	All of Act in operation

Community Services Act 1987, No. 16/1987

Assent Date:	12.5.87
Commencement Date:	Ss 1–6, 9–13, Sch. 1 on 22.2.89: Government Gazette 22.2.89 p. 386; Sch. 2 items 1–13 on 15.3.89: Government Gazette 15.3.89 p. 587; rest of Act on 25.6.92: Government Gazette 24.6.92 p. 1532
CurrentState:	All of Act in operation

County Court (Amendment) Act 1989, No. 19/1989

Assent Date:	16.5.89
Commencement Date:	16.5.89: Government Gazette 26.7.89 p. 1858
CurrentState:	All of Act in operation

Magistrates' Court Act 1989, No. 51/1989

Assent Date:	14.6.89
Commencement Date:	S. 16(4) on 15.6.89: Special Gazette (No. 32) 15.6.89 p. 1; ss 16(5), 52, 141(3)(a)–(f) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.1.90: Government Gazette 25.7.90 p. 2216
CurrentState:	All of Act in operation

Children and Young Persons Act 1989, No. 56/1989

Assent Date:	14.6.89
Commencement Date:	S. 286 on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2; Sch. 2 item 2.1 on 23.9.91: Government Gazette 28.8.91 p. 2368; Sch. 2 items 2.2 and 2.3 on 30.9.92: Government Gazette 26.8.92 p. 2470
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Medical Practice Act 1994, No. 23/1994

Assent Date:	17.5.94
Commencement Date:	Ss 1, 2 on 17.5.94; rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
CurrentState:	All of Act in operation

Crimes (Amendment) Act 1994, No. 95/1994

Assent Date:	13.12.94
Commencement Date:	Pt 1 (ss 1, 2) on 13.12.94; ss 3–10 on 23.1.95: Government Gazette 19.1.95 p. 121; rest of Act on 13.6.95: s. 2(3)
CurrentState:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 items 8.1–8.3) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997

Assent Date:	11.6.97
Commencement Date:	Ss 48, 49 on 1.9.97: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997

Assent Date:	2.12.97
Commencement Date:	Ss 3–10 on 1.1.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Bail (Amendment) Act 1998, No. 64/1998

Assent Date:	4.11.98
Commencement Date:	1.1.99: s. 2
CurrentState:	All of Act in operation

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 5) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001

Assent Date:	23.10.01
Commencement Date:	S. 13 on 1.1.02: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002

Assent Date:	18.6.02
Commencement Date:	Ss 25(1), 28(Sch. item 1) on 19.6.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003

Assent Date:	6.5.03
Commencement Date:	Ss 10, 11 on 7.5.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004

Assent Date:	18.5.04
Commencement Date:	Ss 10–12 on 19.5.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 9) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Children and Young Persons (Miscellaneous Amendments) 2005, No. 21/2005

Assent Date:	31.5.05
Commencement Date:	S. 60 on 1.7.05: s. 2(6)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005

Assent Date:	29.11.05
Commencement Date:	S. 13 on 30.11.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 4) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 91 on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006

Assent Date:	15.8.06
Commencement Date:	S. 42(Sch. item 4) on 23.4.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Family Violence Protection Act 2008, No. 52/2008

Assent Date:	23.9.08
Commencement Date:	S. 233 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Stalking Intervention Orders Act 2008, No. 68/2008

Assent Date:	18.11.08
Commencement Date:	S. 63 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 11) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 4), (Sch. Pt 2 item 6) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 7) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Personal Safety Intervention Orders Act 2010, No. 53/2010

Assent Date:	7.9.10
Commencement Date:	S. 221(Sch. item 1) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Bail Amendment Act 2010, No. 70/2010

Assent Date:	19.10.10
Commencement Date:	Ss 3–26 on 1.1.11: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011

Assent Date:	6.9.11
Commencement Date:	S. 6 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012

Assent Date:	18.12.12
Commencement Date:	S. 31(1) on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 2
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Bail Amendment Act 2013, No. 44/2013

Assent Date:	27.8.13
Commencement Date:	20.12.13: Special Gazette (No. 419) 26.11.13 p. 1
Current State:	All of Act in operation

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 10) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Honorary Justices Act 2014, No. 32/2014

Assent Date:	13.5.14
Commencement Date:	S. 56 on 1.9.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 8) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Fines Reform Act 2014, No. 47/2014 (as amended by No. 59/2017)

Assent Date:	1.7.14
Commencement Date:	Ss 250, 251 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014

Assent Date:	9.9.14
Commencement Date:	S. 7(1)(2) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act, No. 52/2015

Assent Date:	13.10.15
Commencement Date:	Ss 40, 41 on 14.10.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Bail Amendment Act 2016, No. 1/2016

Assent Date:	16.2.16
Commencement Date:	Ss 3–17 on 2.5.16: Special Gazette (No. 103) 19.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Crimes Amendment (Carjacking and Home Invasion) Act 2016, No. 50/2016

Assent Date:	18.10.16
Commencement Date:	S. 7 on 7.12.16: Special Gazette (No. 375) 6.12.16 p. 1
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Sentencing (Community Correction Order) and Other Acts Amendment Act 2016, No. 65/2016

Assent Date:	15.11.16
Commencement Date:	Ss 18, 19 on 20.3.17: Special Gazette (No. 17) 31.1.17 p. 1
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Bail Amendment (Stage One) Act 2017, No. 26/2017

Assent Date:	27.6.17
Commencement Date:	Ss 3–10, 12–14(9), 14(11)–16 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1, ss 11, 14(10) on 1.7.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017

Assent Date:	26.9.17
Commencement Date:	S. 37 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1; s. 38 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date:	26.9.17
Commencement Date:	S. 50 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Corrections Legislation Further Amendment Act 2017, No. 64/2017

Assent Date:	19.12.17
Commencement Date:	S. 28 on 20.12.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, No. 65/2017

Assent Date:	19.12.17
Commencement Date:	S. 20 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1; ss 21, 22 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Bail Amendment (Stage Two) Act 2018, No. 3/2018

Assent Date:	27.2.18
Commencement Date:	S. 28 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1, ss 3–24 on 1.7.18: Special Gazette (No. 218) 15.5.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 13) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	S. 352 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018

Assent Date:	7.8.18
Commencement Date:	Ss 80–99 on 1.10.18: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:	13.3.19
Commencement Date:	Ss 6, 19 on 5.6.19: Special Gazette (No. 215) 4.6.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	S. 24 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020

Assent Date:	10.6.20
Commencement Date:	S. 10 on 1.7.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 19 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Bail Act 1977

Summary Offences Amendment (Decriminalisation of Public Drunkenness) Act 2021, No. 6/2021 (as amended by No. 35/2022)

Assent Date:	2.3.21
Commencement Date:	S. 12 on 7.11.23: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	Ss 24–29 on 26.4.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 4) on 6.9.23: s. 2
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Bail Amendment Act 2023, No. 28/2023

Assent Date:	24.10.23
Commencement Date:	Ss 4–15, 24–63, 71–116A, 119 on 25.3.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Youth Justice Act 2024, No. 32/2024 (as amended by No. 8/2025)

Assent Date:	10.9.24
Commencement Date:	Ss 903D−904 on 11.9.24: s. 2(1AA); ss 903A–903C on 2.12.24: s. 2(1A); ss 899–903 on 22.4.25: Special Gazette (No. 149) 1.4.25 p. 1; ss 779, 780, 905, 906 on 30.9.25: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Bail Amendment Act 2025, No. 8/2025

Assent Date:	25.3.25
Commencement Date:	Ss 4–10, 13 on 26.3.25: Special Gazette (No. 138) 25.3.25 p. 1; ss 11, 12 on 26.8.25: Special Gazette (No. 436) 19.8.25 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Justice Legislation Amendment (Anti‐vilification and Social Cohesion) Act 2025, No. 11/2025

Assent Date:	8.4.25
Commencement Date:	S. 40 on 9.4.25: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

Bail Further Amendment Act 2025, No. 34/2025

Assent Date:	2.9.25
Commencement Date:	Ss 4, 5, 13–21 on 30.9.25: Special Gazette (No. 518) 23.9.25 p. 1
CurrentState:	This information relates only to the provision/s amending the Bail Act 1977

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 4:

S. 4 amended by Nos 9158 s. 2, 9690 s. 2, 10002 s. 8(3), 10084 s. 18(1)(a), 10087 s. 3(1)(Sch. 1 item 4), 16/1986 s. 30, 89/1986 s. 4(c)–(e), 16/1987 s. 12(Sch. 2 item 3(a)), 19/1989 s. 16(Sch. item 7.2), 51/1989 s. 142(c)(d), 57/1989 s. 4(1)(a)(b), 95/1994 s. 7, 48/1997 s. 48, 84/1997 s. 4, 64/1998 s. 5, 61/2001 s. 13(1)(2), 35/2002 s. 28(Sch. item 1), 10/2003 s. 10, 20/2004 s. 10, 93/2005 s. 13, 52/2008 s. 233, 68/2008 s. 63, 68/2009 s. 97(Sch. item 11.1), 53/2010 s. 221(Sch. item 1), 70/2010 s. 7, 83/2012 s. 31(1), 63/2014 s. 7(1)(2), 52/2015 s. 40, 1/2016 ss 4, 5, 7, 50/2016 s. 7, 26/2017 ss 5, 16(2), 65/2017 s. 20, substituted by No. 3/2018 s. 7.

[2] S. 5(3): The amendments proposed by section 286(Sch. 2 item 2.3) of the Children and Young Persons Act 1989, No. 56/1989 are not included in this publication because section 5(3) was repealed by the Community Services Act 1987, No. 16/1987.

[3] S. 24(3)(a): The amendment proposed by section 103(3)(b)(iii) of the Bail Amendment Act 2023, No. 28/2023 was not included in this publication because the words "original undertaking or a new undertaking" did not appear in section 24(3)(a) at the time section 103(3)(b)(iii) of No. 28/2023 commenced.

Section 103(3)(b)(iii) read as follows:

103Arrest of person released on bail

(3)In section 24(3) of the Principal Act—

(b)in paragraph (a)—

(iii)for "original undertaking or a new undertaking" substitute "original bail undertaking or on a new bail undertaking";