Bail Amendment Act 2011 (ACT)

Bail Amendment Act 2011

A2011-2

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. New sections 12A to 12C  2

5. Sections 19 and 20  3

6. Sections 42 and 43  7

7. Review limited to bail conditions

   
   

   Section 46 (5)  9

8. Dictionary, new definitions  9

Bail Amendment Act 2011

A2011-2

An Act to amend the Bail Act 1992

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

1. Name of Act

   This Act is the Bail Amendment Act 2011.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This Act amends the Bail Act 1992.

4. New sections 12A to 12C

   in part 4, insert

12AMeaning of bail order and bail review application—pt 4

In this part:

bail order—see section 19 (1).

bail review application means an application in relation to bail made under section 41 (Right of review of bail decisions).

12BWhen is a proceeding before the Supreme Court?—pt 4

For this part, a proceeding for an offence is before the Supreme Court if the court has jurisdiction in the proceeding because the accused person to whom the proceeding relates—

(a)has been committed to the court for trial or sentence; or

(b)is an accused in a prosecution on indictment instituted by the director of public prosecutions under the Director of Public Prosecutions Act 1990, section 7; or

(c)has lodged an appeal to the court against a conviction, order or sentence imposed on the person by the Magistrates Court.

12CApplications for bail—repeat application provisions

(1)A reference to an application for bail in section 20A and section 20C is a reference to an application for bail made on or after the day this section commences.

(2)This section expires 3 years after the day it commences.

1. Sections 19 and 20

   substitute

2. Court bail—general

   (1)A court may, in accordance with this part, make any of the following orders in relation to bail (a bail order):

   (a)an order granting bail to an accused person who is being held in custody in relation to an offence with which the person has been charged;

   (b)an order enlarging, varying or revoking bail granted to the person.

   (2)In deciding whether to make a bail order in relation to an accused person, a court may have regard to any information it considers relevant and reliable.

   (3)This Act does not limit the number of applications in relation to bail that an accused person may make to a court in accordance with this Act.