Bail Amendment Act 2001 (ACT)

Case

Bail Amendment Act 2001

No 25 of 2001

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Amendment of Bail Act 1992

  1. Act amended  3

  2. Interpretation
    Section 3 (1), new definition  3

  3. Section 3 (1), definition of authorised officer  3

  4. Section 3 (1), new definition  4

  5. Availability of bail
    Section 5 (1)  4

  6. Bail for offences other than minor offences
    Section 8 (1)  4

  7. New section 8 (1A)  4

  8. Bail by authorised officer—domestic violence offences
    Section 8A (1)  4

  9. Bail in respect of persons sentenced to imprisonment
    Section 9, heading  5

  10. New section 9A  5

  11. Dispensing with bail
    New section 10 (5)  6

  12. Determination of bail after charge laid
    Section 13 (1) (d) (i)  6

  13. Determination of questions of bail by authorised officers
    Section 15 (1) (b), (2) and (3)  6

  14. Failure to answer bail
    Section 49  7

Part 3Amendment of Crimes Act 1900

  1. Act amended  8

  2. Warrants for arrest
    New section 349ZD (4)  8

Bail Amendment Act 2001

No 25 of 2001

An Act to amend the Bail Act 1992 and to amend the Crimes Act 1900 as a consequence

[Notified in ACT Gazette No. 21: 24 May 2001]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Bail Amendment Act 2001.

  2. Commencement

    This Act commences on the day it is notified in the Gazette.

Part 2Amendment of Bail Act 1992

  1. Act amended

    This part amends the Bail Act 1992.

  2. Interpretation
    Section 3 (1), new definition

    insert

    applicable bail criteria, for a decision about the grant of bail by an authorised person to a person accused of an offence, means criteria under any of the following provisions that apply to the decision:

    (a)for a domestic violence offence—section 8A;

    (b)for a serious offence committed while the accused person was on bail for another serious offence—section 9A;

    (c)for any offence committed by an adult—section 22;

    (d)for any offence committed by a child—section 23.

  3. Section 3 (1), definition of authorised officer

    substitute

    authorised officer means any of the following:

    (a)the chief police officer;

    (b)a police officer exercising the functions of a superintendent or sergeant;

    (c)another police officer authorised in writing by the chief police officer.

  4. Section 3 (1), new definition

    insert

    serious offence—see section 9A (1) (a) (Bail for serious offence committed while on bail for another serious offence).

  5. Availability of bail
    Section 5 (1)

    omit

    Subject to subsection (2) and section 9, an

    substitute

    An

  6. Bail for offences other than minor offences
    Section 8 (1)

    omit everything after paragraph (c)

  7. New section 8 (1A)

    insert

(1A)    However, this section does not apply to the grant of bail—

(a)by an authorised officer to a person accused of a domestic violence offence (see section 8A); or

(b)by a court or an authorised officer to a person accused of a serious offence that is alleged to have been committed while the person was on bail for another serious offence (see section 9A).

  1. Bail by authorised officer—domestic violence offences
    Section 8A (1)

    omit

    on the balance of probabilities

  2. Bail in respect of persons sentenced to imprisonment
    Section 9, heading

    substitute

  3. Bail for persons sentenced to imprisonment

  4. New section 9A

    insert

9ABail for serious offence committed while on bail for another serious offence

  1. This section applies if—

    (a)a person is accused of an offence punishable by imprisonment for 5 years or more (a serious offence); and

    (b)the person is alleged to have committed the offence while on bail for another serious offence (or a number of offences including a serious offence).

  2. A court or an authorised officer must not grant bail to the accused person unless satisfied that special or exceptional circumstances exist justifying the grant of bail.

  3. However, even if special or exceptional circumstances are established, the court or officer must refuse bail if satisfied that refusal is justified having regard to—

    (a)if the accused person is an adult—the matters mentioned in section 22 (Criteria for granting bail to adults); or

    (b)if the accused person is a child—the matters mentioned in section 23 (Criteria for granting bail to children).

  4. Also, if a serious offence mentioned in subsection (1) (a) or (b) is a domestic violence offence, an authorised person must refuse bail to the accused person if satisfied that refusal is required by section 8A (Bail by authorised officer—domestic violence offences).

  5. This section does not prevent the application of section 8A to the accused person if—

    (a)a serious offence mentioned in subsection (1) (a) or (b) is a domestic violence offence; and

    (b)an authorised person grants bail to the accused person.

  6. Dispensing with bail
    New section 10 (5)

    insert

  7. A court must not dispense with the requirement for bail for an accused person to whom either of the following sections apply unless satisfied that special or exceptional circumstances exist justifying dispensing with the requirement:

    (a)section 9 (Bail for persons sentenced to imprisonment);

    (b)section 9A (Bail for serious offence committed while on bail for another serious offence).

  8. Determination of bail after charge laid
    Section 13 (1) (d) (i)

    substitute

    (i)the applicable bail criteria; and

  9. Determination of questions of bail by authorised officers
    Section 15 (1) (b), (2) and (3)

    omit

    the matters specified in whichever of subsection 8A (1) and sections 22 and 23 applies to the making of a determination regarding the granting of bail to the accused person

    substitute

    the applicable bail criteria

  10. Failure to answer bail
    Section 49

    substitute

  11. Failure to answer bail

  12. If a person who has given an undertaking to appear before a court fails to carry out the undertaking, that court may issue a warrant to arrest the person and to bring the person before the court (or a court with the same jurisdiction).

  13. A person who has given an undertaking to appear before a court must not, without reasonable excuse, fail to carry out the undertaking.

    Maximum penalty:  200 penalty units, imprisonment for 2 years or both.

Part 3Amendment of Crimes Act 1900

  1. Act amended

    This part amends the Crimes Act 1900.

  2. Warrants for arrest
    New section 349ZD (4)

    insert

  3. This section does not apply to the issue of a warrant under the Bail Act 1992, section 49 (1) (Failure to answer bail).

Endnotes

Bail Act 1992

  1. Republished as in force on 1 January 1997.  See also Acts 1997 Nos 22 and 96; 1998 No 39; 1999 Nos 64 and 79.

Crimes Act 1900

  1. Republished as in force on 10 November 1999.  See also Acts 1999 Nos 71, 79 and 91; 2000 Nos 3, 56, 58, 66 and 85.

Penalty units

  1. The Interpretation Act 1967, s 33AA deals with the meaning of offence penalties that are expressed in penalty units.

[Presentation speech made in Assembly on 29 March 2001]

©  Australian Capital Territory 2001

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