Bail (Personal and Family Violence) Amendment Act 1987 (NSW)

BAIL (PERSONAL AND FAMILY VIOLENCE)

AMENDMENT ACT 1987 No. 185

NEW SOUTH WALES

TABLE OF PROVISIONS

1.        Short title

2.        Commencement

3.        Amendment of Act No. 161, 1978

SCHEDULE 1—AMENDMENTS

BAIL (PERSONAL AND FAMILY VIOLENCE) AMENDMENT ACT

1987 No. 185

NEW SOUTH WALES

Act No. 185, 1987

An Act to amend the Bail Act 1978 in relation to personal and family

violence. [Assented to 4 December 1987]

Bail (Personal and Family Violence) Amendment 1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Bail (Personal and Family Violence)

Amendment Act 1987.

Commencement

2. This Act shall commence on a day or days to be appointed by

proclamation.

Amendment of Act No. 161, 1978

1. The Bail Act 1978 is amended as set out in Schedule 1.

   SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 4 (Definitions)—

Section 4(1)—

After the definition of "District Court", insert:

"domestic violence offence" has the same meaning as it has in

the Crimes Act 1900;

(2) Section 9 (Presumption in favour of grant of bail for certain other

offences)—

Section 9 (5)—

After section 9 (4), insert:

(5) A person is not entitled under this section to be granted bail

in respect of an offence to which this section applies if—

(a) the offence is a domestic violence offence; and

(b) the person has previously failed to comply with a bail condition imposed in respect of the offence (being a bail condition imposed for the protection and welfare of the person agair.st whom it is alleged that the offence has been

Act No. 185

Bail (Personal and Family Violence) Amendment 1987

SCHEDULE 1—AMENDMENTS—continued

(3) Section 32 (Criteria to be considered in bail applications)—

Section 32 (2A)—

After section 32 (2), insert:

(2A) In the case of a domestic violence offence, the authorised

officer or court shall, for the purposes of this section, have regard

in particular to—

(a)	the protection and welfare of the person against whom it is alleged that the offence has been committed; and
(b)	any previous conduct of the accused which affects the likelihood that the accused person will commit a further domestic violence offence on that person while at liberty on bail.

(4) Section 37 (Restrictions on imposing bail conditions)—

(a) Section 37 (2)—

After "offence", insert ", the interests of any person against whom it is alleged that the offence has been committed".

(b) Section 37 (5)—
After section 37 (4), insert:

(5) In the case of a domestic violence offence, the authorised officer or court shall, for the purposes of this section, have regard in particular to—

(a)	the protection and welfare of the person against whom it is alleged that the offence has been committed; and
(b)	any previous conduct of the accused which affects the likelihood that the accused person will commit a further domestic violence offence on that person while at liberty on bail.

(5) Section 48 (Provisions respecting review of bail decisions)—

Section 48 (1) (a)—
Omit the paragraph, insert instead:

Bail (Personal and Family Violence) Amendment 1987

SCHEDULE 1 —AMENDMENTS—continued

(iii) the informant or complainant (whether or not a police officer) in the case of bail granted in respect of a domestic violence offence or a complaint for an apprehended domestic violence order under Part XVA of the Crimes Act 1900; or

(iv)  the Attorney General or the Director of Public Prosecutions; and