Bail Amendment Act 2001 (No 2) (ACT)

Case

Bail Amendment Act 2001 (No 2)

No 60 of 2001

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Act amended  2

  4. Interpretation
    Section 3 (1), definition of applicable bail criteria, paragraph (b)       2

  5. Section 3 (1), new definitions  2

  6. Section 3 (1), definition of serious offence  2

  7. Bail for offences other than minor offences
    Section 8 (1A) (b)  3

  8. Bail for serious offence committed while on bail for another serious offence
    Section 9A, heading  3

  9. Section 9A (1) (b)  3

  10. New section 9A (6) to (8)  4

  11. Dispensing with bail
    Section 10 (5) (b)  5

Bail Amendment Act 2001 (No 2)

No 60 of 2001

An Act to amend the Bail Act 1992

[Notified in ACT Gazette S66: 10 September 2001]

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

  1. Name of Act

    This Act is the Bail Amendment Act 2001 (No 2).

  2. Commencement

    This Act commences 14 days after it is notified in the Gazette.

    Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act 2001, s 75).

  3. Act amended

    This Act amends the Bail Act 1992.

  4. Interpretation
               Section 3 (1), definition of applicable bail criteria,   paragraph (b)

    substitute

    (b)for a serious offence committed while a charge for another serious offence is pending or outstanding—section 9A;

  5. Section 3 (1), new definitions

    insert

    outstanding, in relation to a charge against a person for a serious offence—see section 9A (6).

    pending, in relation to a charge against a person for a serious offence—see section 9A (6).

  6. Section 3 (1), definition of serious offence

    substitute

    serious offence—see section 9A (1) (a) (Bail for serious offence committed while charge for another is pending or outstanding).

  7. Bail for offences other than minor offences
               Section 8 (1A) (b)

    substitute

    (b)by a court or an authorised officer to a person accused of a serious offence if section 9A (Bail for serious offence committed while charge for another is pending or outstanding) applies.

  8. Bail for serious offence committed while on bail for another serious offence
               Section 9A, heading

    substitute

9ABail for serious offence committed while charge for another is pending or outstanding

  1. Section 9A (1) (b)

    substitute

    (b)the person is alleged to have committed the offence while a charge against the person for another serious offence is pending or outstanding.

    Examples

    1Julianne is served with a summons to attend the Magistrates Court to answer a charge that she has committed the offence of taking a vehicle without authority (punishable by 5 years imprisonment under the Crimes Act 1900, s 120, and so a serious offence under par (a)).  Before the court date, Julianne is arrested and charged with having committed an armed robbery the day after being served with the summons (punishable by 25 years imprisonment under the Crimes Act 1900, s 101, and so also a serious offence under par (a)).  At the time of the alleged armed robbery, the charge of taking a vehicle without authority was still pending (see below s (6)).  Section 9A will apply to any decision about the grant of bail to Julianne in relation to the armed robbery charge.

    2Julian is arrested and charged with burglary (punishable by 14 years imprisonment under the Crimes Act 1900, s 102, and so a serious offence under par (a)).  He is granted bail.  Before the charge is heard in the Magistrates Court, Julian is again arrested, this time for a theft committed while he was on bail (punishable by 10 years imprisonment under the Crimes Act 1900, s 99, and so another serious offence under par (a)).  At the time of the alleged theft, the charge of burglary was still outstanding (see below s (6)).  Section 9A will apply to any decision about the grant of bail to Julian in relation to the theft charge.

  2. New section 9A (6) to (8)

    insert

  3. In this section:

    outstanding

    —a charge against a person for a serious offence


    is outstanding—

    (a)until the charge is finally dealt with in any of the following ways:

    (i)the charge is withdrawn;

    (ii)the charge is dismissed by a court;

    (iii)the person is discharged by the Magistrates Court following a committal hearing;

    (iv)the person is acquitted or found guilty by a court of the offence charged; and

    (b)if the person is acquitted or found guilty by a court of the offence charged, but a new trial on the charge (or a charge based on the same facts) is later ordered on appeal—from the date the new trial is ordered until the earliest of the following happens:

    (i)the charge (or a charge based on the same facts) is finally dealt with as mentioned in paragraph (a) (i), (ii) or (iv);

    (ii)the order for the new trial is reversed on a further appeal.

    NoteFound guilty, of an offence, includes having the offence taken into account under the Crimes Act 1900, s 448 and having an order made in relation to the offence under the Crimes Act 1900, s 556A or the Children and Young People Act 1999, s 96. (See Interpretation Act 1967, dict).

    pending—a charge against a person for a serious offence is pending if the person has not yet been charged with the offence, but—

    (a)the person has been arrested for the offence, unless the person is later released without being charged with a serious offence; or

    (b)a summons to appear before a court to answer a charge for the offence has been served on the person; or

    (c)the person has, at the invitation of a police officer, signed an agreement to attend court to answer a charge for the offence (known as a ‘voluntary agreement to attend court’, or by a similar name).

  4. This section applies in relation to a decision to grant bail made on or after the commencement of the Bail Amendment Act 2001 (No 2) even if any relevant serious offence is alleged to have been committed before that commencement.

  5. Subsection (7) and this subsection expire 2 years after the commencement of the Bail Amendment Act 2001 (No 2).

  6. Dispensing with bail
               Section 10 (5) (b)

    substitute

    (b)section 9A (Bail for serious offence committed while charge for another is pending or outstanding).

Endnotes

Act amended

  1. Republished as in force on 31 January 1999.  See also Acts 1999 Nos 64 and 79; 2001 No 25.

[Presentation speech made in Assembly on 19 June 2001]

© Australian Capital Territory 2001

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