Bail Regulations 2012 (Vic)

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Version No. 007

Bail Regulations 2012

S.R. No. 148/2012

Version incorporating amendments as at


1 July 2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Undertaking of bail

5ANotice setting out obligations of bail

6Grant of bail

7Affidavit of justification for bail

8Declaration of justification for bail

9Warrant to arrest if surety gives false information

10Statement for a person in custody when bail is refused or objection is taken to the amount fixed for or conditions of bail

11Notice of deposit as security for penalty

13AForm of further application for bail where bail refused or revoked and form of notice of such further application

14Application by the accused for variation of amount or conditions of bail

15Application by the informant or the Director of Public Prosecutions for variation of the amount or conditions of bail, or for the imposition of conditions

16Application for revocation of bail

17Notice of application for variation by the accused to be given to sureties

18Warrant to arrest if surety applies for discharge

19Warrant to arrest to impose additional conditions

20Warrant to arrest if bail is insufficient

21Warrant to arrest if person released on undertaking to attend fails to attend

Forms

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 007

Bail Regulations 2012

S.R. No. 148/2012

Version incorporating amendments as at


1 July 2018

1Objective

The objective of these Regulations is to prescribe forms to be used for the purposes of the Bail Act 1977.

2Authorising provision

These Regulations are made under section 33 of the Bail Act 1977.

3Commencement

These Regulations come into operation on 21 January 2013.

4Revocation

The following regulations are revoked

(a)the Bail Regulations 2003[1];

(b)the Bail (Amendment) Regulations 2003[2];

(c)the Bail (Amendment) Regulations 2006[3];

(d)the Bail Amendment Regulations 2009[4];

(e)the Bail Amendment Regulations 2010[5].

5Undertaking of bail

For the purposes of section 5 of the Bail Act 1977

(a)except as provided in paragraph (b), an undertaking of bail must be in Form 1;

(b)if an accused is awaiting trial, an undertaking of bail must be in Form 2.

5ANotice setting out obligations of bail

For the purposes of section 17 of the Bail Act 1977, an undertaking of bail, whether in Form 1 or Form 2, must be accompanied by a written notice of the obligations of the accused concerning his or her conditions of bail in Form 2A.

6Grant of bail

For the purposes of section 12A(b) of the Bail Act 1977, a bail decision maker must provide a statement of reasons for granting bail that is in Form 3 as soon as practicable to the court specified in the accused's undertaking as the court to which the accused is required to surrender into custody.

7Affidavit of justification for bail

For the purposes of section 9(3) of the Bail Act 1977, an affidavit of justification for bail must be in Form 4.

8Declaration of justification for bail

For the purposes of section 9(4) of the Bail Act 1977, a declaration of justification for bail must be in Form 5.

9Warrant to arrest if surety gives false information

For the purposes of section 9(6) of the Bail Act 1977, a warrant for the arrest of an accused must be in Form 6.

10Statement for a person in custody when bail is refused or objection is taken to the amount fixed for or conditions of bail

For the purposes of section 10(6)(e) and (6A)(b) of the Bail Act 1977, a written statement given to the arrested person by the bail decision maker must be in Form 7.

11Notice of deposit as security for penalty

For the purposes of section 11(2) of the Bail Act 1977, a notice to be given by a member of the police force must be in Form 8.

*                *                *                *                *

*                *                *                *                *

13AForm of further application for bail where bail refused or revoked and form of notice of such further application

(1)For the purposes of section 18 of the Bail Act 1977, a further application for bail after bail is refused or revoked must be in Form 11.

(2)For the purposes of section 18AK(1) of the Bail Act 1977, the prescribed form of notice of an application under section 18 is Form 11A.

(3)Subject to section 18AK of the Bail Act 1977, Form 11A must be provided to the court with Form 11, and these Forms may be provided as one document.

14Application by the accused for variation of amount or conditions of bail

(1)For the purposes of section 18AC(1) of the Bail Act 1977, Form 11 is prescribed.

(2)An application under section 18AC(1) of the Bail Act 1977 must be filed in the court a reasonable time before the hearing of the application.

15Application by the informant or the Director of Public Prosecutions for variation of the amount or conditions of bail, or for the imposition of conditions

(1)For the purposes of section 18AC(2) of the Bail Act 1977, Form 12 is prescribed.

(2)An application under section 18AC(2) of the Bail Act 1977 must be filed in the court a reasonable time before the hearing of the application.

16Application for revocation of bail

For the purposes of section 18AE(1) of the Bail Act 1977, Form 13 is prescribed.

17Notice of application for variation by the accused to be given to sureties

For the purposes of section 18AI(2)(a) of the Bail Act 1977, Form 14 is prescribed.

18Warrant to arrest if surety applies for discharge

For the purposes of section 23(2) of the Bail Act 1977, a warrant to arrest an accused must be in Form 15.

19Warrant to arrest to impose additional conditions

For the purposes of section 25 of the Bail Act 1977, a warrant to arrest an accused for the purpose of amending or supplementing the conditions of bail must be in Form 16.

20Warrant to arrest if bail is insufficient

For the purposes of section 26(1) of the Bail Act 1977, a warrant to arrest a person released with insufficient security or with security which has become insufficient must be in Form 17.

21Warrant to arrest if person released on undertaking to attend fails to attend

For the purposes of section 26(2) of the Bail Act 1977, a warrant to arrest a person who has undertaken to attend before a court and fails to attend before the court in breach of the undertaking must be in Form 18.

*                *                *                *                *

FORMS

S. 5  Reg. 5(a)

FORM 1

Bail Act 1977

Bail Regulations 2012

UNDERTAKING OF BAIL

NOTE—Complete this side before detaching the Form and completing the reverse side.

*Nature of charge/You have been arrested under an enforcement warrant issued under section 106 of the Fines Reform Act 2014.

1.The conditions of this undertaking are that the *accused/*infringement offender/*fine defaulter must—

(a) attend on                 20      at  *a.m./p.m. before the


                   

Court at  and then surrender himself or herself;

(b) not depart without the leave of the Court and, if leave is given, return at the time specified by the Court and again surrender himself or herself into custody;

*(c)            [insert any other conditions imposed]

 2.   If the hearing or examination is postponed or adjourned and the *surety has/sureties have consented to the inclusion of this provision in this undertaking, the Court postponing or adjourning the hearing or examination may extend the undertaking without the further consent of the *surety/sureties.

I enter this undertaking of bail and acknowledge receipt of a notice setting out my obligations concerning the conditions of my bail and the consequences of my failure to comply with those conditions.

Signature of *Accused/*Infringement Offender/*Fine Defaulter

*I enter this undertaking of bail and acknowledge receipt of a notice setting out the obligations of the *accused/*infringement offender/*fine defaulter concerning the conditions of his or her bail and the consequences of his or her failure to comply with those conditions. I further undertake to pay to *the Prothonotary/the Registrar of the County Court/the Principal Registrar of the Magistrates' Court the amount of bail specified on the back of this Form, in the event that the *accused/*infringement offender/*fine defaulter fails to observe a condition of bail.

Signature of First Surety

*I enter this undertaking of bail and acknowledge receipt of a notice setting out the obligations of the *accused/*infringement offender/*fine defaulter concerning the conditions of his or her bail and the consequences of his or her failure to comply with those conditions. I further undertake to pay to *the Prothonotary/the Registrar of the County Court/the Principal Registrar of the Magistrates' Court the amount of bail specified on the back of this Form, in the event that the *accused/*infringement offender/*fine defaulter fails to observe a condition of bail.

Signature of Second Surety

* Delete if inapplicable

NOTE—Each surety should be advised that the effect of this undertaking being extended without any further consent by him or her is that he or she remains bound by this undertaking until the subsequent hearing has been completed. If any surety is unwilling to be so bound paragraph 2 MUST be struck out and initialled by the person taking the undertaking. (Detach this Form before doing so and strike out the paragraph on the sureties' notices separately.)

(Reverse Side)

UNDERTAKING OF BAIL

Court

Informant

*Accused/*Infringement Offender/*Fine Defaulter

*Address of Accused/*Infringement Offender/*Fine Defaulter

*Occupation of Accused/*Infringement Offender/*Fine Defaulter

*Nature of Charge (State Briefly)/*Case number(s) on the enforcement warrant(s)

*Deposit

The *accused/*infringement offender/*fine defaulter came before me and signed this undertaking of bail.

* The *surety/sureties came before me and signed this undertaking of bail and undertook to pay to *the Prothonotary/the Registrar of the County Court/the Principal Registrar of the Magistrates' Court the following amount(s) if the *accused/*infringement offender/*fine defaulter fails to comply with the condition(s) overleaf:

First Surety

Address  The amount of $

Second Surety

Address  The amount of $

I satisfied myself before releasing the *accused/*infringement offender/*fine defaulter that he or she *and the *surety/sureties understood the nature and extent of the obligations of the *accused/*infringement offender/*fine defaulter under the conditions of his or her bail and the consequences of his or her failure to comply with them.

Undertaking(s) entered on                   20     , at
               in the State of Victoria, before me—

* Judge

* Magistrate

* Bail Justice

* Prothonotary

* Deputy prothonotary

* Registrar of the County Court

* Deputy registrar of the County Court

* Registrar of the Magistrates' Court

* Deputy registrar of the Magistrates' Court

* A member of the Police Force *of or above the rank of Sergeant/for the time being in charge of a Police Station

* The Governor of the Prison at

* An officer of the prison at       of or above the rank of Senior Prison Officer

* The sheriff or another person authorised under section 115(5) of the Fines Reform Act 2014 to discharge the infringement offender or fine defaulter from custody on bail

* Delete if inapplicable.

S. 5  Reg. 5(b)

FORM 2

Bail Act 1977

Bail Regulations 2012

UNDERTAKING OF BAIL FOR ATTENDANCE AT TRIAL

NOTE—Complete this side before detaching the Form and completing reverse side.

On             20    , [insert name of accused]           ("the accused")
was directed to be tried for the offence(s) of  

*before the *Supreme/County Court at               at its sittings
commencing on                 20     

*before the *Supreme/County Court at               at           *a.m./p.m.
on          20    

The accused has been granted bail for attendance at the trial.

1.The conditions of this undertaking are that the accused must—

(a) attend at the trial, at a day, time and place notified to him or her *and his or her *surety/sureties by the Director of Public Prosecutions by notice in writing and then surrender himself or herself;

(b) not depart without the leave of the Court and, if leave is given, return at the time specified by the Court and again surrender himself or herself into custody;

(c)  *reside at               and if the accused is granted permission by a Court to change his or her place of residence from the place appearing in this undertaking as his or her address, the accused must notify in writing the Informant within 24 hours of the change of address and the Director of Public Prosecutions at 565 Lonsdale Street, Melbourne as soon as practicable;

*reside at               and if the accused changes his or her place of residence from the place appearing in this undertaking as his or her address, the accused must notify in writing the Informant within 24 hours of the change of address and the Director of Public Prosecutions at 565 Lonsdale Street, Melbourne as soon as practicable;

(d) [insert any other conditions imposed]

 2.   If the hearing is postponed or adjourned and the *surety has/sureties have consented to the inclusion of this provision in this undertaking, the Court postponing or adjourning the hearing may extend the undertaking without the further consent of the *surety/sureties.

3.If any surety changes his or her place of residence or business from the place appearing in this undertaking as his or her address, he or she must notify the Director of Public Prosecutions at 565 Lonsdale Street, Melbourne, in writing of the change of address as soon as practicable.

I enter this undertaking of bail and acknowledge receipt of a notice setting out my obligations concerning the conditions of my bail and the consequences of my failure to comply with those conditions.

Signature of Accused

I enter this undertaking of bail and acknowledge receipt of a notice setting out the obligations of the accused concerning the conditions of his or her bail and the consequences of his or her failure to comply with those conditions.  I further undertake to pay to *the Prothonotary/the Registrar of the County Court/the Principal Registrar of the Magistrates' Court the amount of bail specified on the back of this Form, in the event that the accused fails to observe a condition of bail.

Signature of First Surety

I enter this undertaking of bail and acknowledge receipt of a notice setting out the obligations of the accused concerning the conditions of his or her bail and the consequences of his or her failure to comply with those conditions.  I further undertake to pay to *the Prothonotary/the Registrar of the County Court/the Principal Registrar of the Magistrates' Court the amount of bail specified on the back of this Form, in the event that the accused fails to observe a condition of bail.

Signature of Second Surety

* Delete if inapplicable

NOTE—Each surety should be advised that the effect of this undertaking being extended without any further consent by him or her is that he or she remains bound by this undertaking until the subsequent hearing has been completed. If any surety is unwilling to be so bound paragraph 2 MUST be struck out and initialled by the person taking the undertaking. (Detach this Form before doing so and strike out the paragraph on the sureties' notices separately.)

(Reverse Side)

UNDERTAKING OF BAIL

*Supreme Court
*County Court

Informant

Accused

Accused's Address

Accused's Occupation

Nature of Charge (State Briefly)

*Deposit

The accused came before me and signed this undertaking of bail.

Accused

Address

Occupation

*Deposit

* The *surety/sureties came before me and signed this undertaking of bail and undertook to pay to *the Prothonotary/the Registrar of the County Court/the Principal Registrar of the Magistrates' Court the following amount(s) if the accused fails to comply with the condition(s) overleaf:

First Surety

Address  The amount of $

Second Surety

Address  The amount of $

I satisfied myself before releasing the accused that he or she *and the *surety/sureties understood the nature and extent of the obligations of the accused under the conditions of his or her bail and the consequences of his or her failure to comply with them.

Undertaking(s) entered on  20    , at
in the State of Victoria, before me—

* Judge

* Magistrate

* Bail Justice

* Prothonotary

* Deputy prothonotary

* Registrar of the County Court

* Deputy registrar of the County Court

* Registrar of the Magistrates' Court

* Deputy registrar of the Magistrates' Court

* A member of the Police Force *of or above the rank of Sergeant/for the time being in charge of a Police Station

* The Governor of the Prison at

* An officer of the prison at           of or above the rank of
Senior Prison Officer

* Delete if inapplicable.

S. 17  Reg. 5A

FORM 2A

NOTICE OF OBLIGATIONS OF BAIL FOR *ACCUSED/*INFRINGEMENT OFFENDER/*FINE DEFAULTER AND SURETY

Informant: [*police informant and prosecuting agency/*Director, Fines Victoria]

*Accused/*Infringement Offender/*Fine Defaulter: [name]

*The accused is charged with: [charges].*The *infringement offender/*fine defaulter has been arrested on one or more enforcement warrants.

The conditions of bail are set out in the Undertaking of Bail which this notice accompanies.

*ACCUSED/*INFRINGEMENT OFFENDER/*FINE DEFAULTER: IMPORTANT INFORMATION—DO NOT IGNORE THIS

You have *been charged with an offence/*arrested on one or more enforcement warrants and allowed out of custody on bail. You should immediately seek advice from your legal practitioner, Victoria Legal Aid [insert address and telephone number] or a community legal Service, if you have not already done so.

By signing the undertaking of bail you have promised:

·    to come back to court at the day and time written on the undertaking, and continue to attend as required by the court.

·    not to commit any offences while you are on bail.

·    to do all the things set out in your conditions of bail.

If you do not come to court when required you may be arrested, held in custody, and brought back to court. You may also be charged with the offence of failure to answer bail which has a maximum penalty of 2 years imprisonment.

If you commit an indictable offence on bail, you may be arrested and charged with the offence of committing an indictable offence while on bail. This offence has a maximum penalty of 30 penalty units or 3 months imprisonment.

If you do not comply with your bail conditions you may be charged with the offence of contravening certain conduct conditions. This offence does not apply to conditions about bail support services. This offence does not apply to children. This offence has a maximum penalty of 30 penalty units or 3 months imprisonment.

Your bail conditions continue to have effect until the bail conditions are varied or revoked, or until your matter is finally determined by a court.

If you are subject to a family violence safety notice, and it is impossible for you to comply with both the notice and your bail conditions, you must comply with the notice. If it is possible to comply with both the notice and any of your bail conditions, you must comply with both.

If you are subject to a family violence intervention order, and it is impossible for you to comply with both the order and your bail conditions, you must comply with the order. If it is possible to comply with both the order and any of your bail conditions, you must comply with both.

If you are subject to a recognised DVO, and it is impossible for you to comply with both the recognised DVO and your bail conditions, you must comply with the recognised DVO. If it is possible to comply with both the recognised DVO and any of your bail conditions, you must comply with both.

If you commit an indictable offence on bail, or do not comply with your conditions of bail, you may be arrested, held in custody, and brought to court. The court will decide whether to release you on bail again, or remand you in prison. The amount of your surety or deposit may have to be paid to the court.

SURETY: IMPORTANT INFORMATION—DO NOT IGNORE THIS

If the person that you have provided a surety for commits an indictable offence on bail, or does not comply with his or her conditions of bail, you will be liable to pay to the court the amount of surety you provided.

*Court:

*Date:

*Justice

*Judge

*Magistrate

*Registrar of the                 Court

*Bail Justice

*Authorised police officer

*Sheriff

* Delete if inapplicable.

S. 12A(b)  Reg. 6

FORM 3

Bail Act 1977

Bail Regulations 2012

STATEMENT OF REASONS FOR GRANTING BAIL

Informant

Accused

Nature of Offence

The Accused is charged with—

* an indictable offence that is alleged to have been committed by the accused—

(a)     while on bail for another indictable offence; or

(b)     while subject to a summons to answer to a charge for another indictable offence; or

(c)     while at large awaiting trial for another indictable offence; or

(d)     during the period of a community correction order made in respect of the accused for another indictable offence or while otherwise serving a sentence for another indictable offence; or

(e)     while released under a parole order;

* manslaughter;

* child homicide;

* an offence against section 15A(1) of the Crimes Act 1958 (causing serious injury intentionally in circumstances of gross violence);

* an offence against section 15B(1) of the Crimes Act 1958 (causing serious injury recklessly in circumstances of gross violence);

* an offence against section 16 of the Crimes Act 1958 (causing serious injury intentionally);

* an offence against section 20 of the Crimes Act 1958 (threats to kill) that is also a family violence offence;

* an offence against section 21A(1) of the Crimes Act 1958 (stalking) and—

(a)     the accused has within the preceding 10 years been convicted or found guilty of an offence against that section in relation to any person or an offence in the course of committing which the accused used or threatened to use violence against any person; or

(b)     the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person whom the accused is alleged to have stalked, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence;

* an offence against section 38(1) of the Crimes Act 1958 (rape);

* an offence against section 39(1) of the Crimes Act 1958 (rape by compelling sexual penetration);

* an offence against section 42(1) of the Crimes Act 1958 (assault with intent to commit a sexual offence);

* an offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose);

* an offence against section 49A(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 12);

* an offence against section 49B(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 16) in circumstances other than where at the time of the alleged offence the child was 12 years of age or more and the accused was not more than 2 years older than the child;

* an offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16);

* an offence against section 49P(1) of the Crimes Act 1958 (abduction or detention of a child under the age of 16 for a sexual purpose);

* an offence against any of the following provisions of Subdivision (8C) of Division 1 of Part I of the Crimes Act 1958 (incest) in circumstances other than where both people are aged 18 or older—

(a)     section 50C(1) (sexual penetration of a child or lineal descendant);

(b)     section 50D(1) (sexual penetration of a step-child);

(c)     section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);

(d)     section 50F(1) (sexual penetration of a sibling or half-sibling);

* an offence against section 37, 37A, 123 or 123A of the Family Violence Protection Act 2008 of contravening a family violence intervention order or family violence safety notice (as the case requires) in the course of committing which the accused is alleged to have used or threatened to use violence and—

(a)     the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or

(b)     the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order or notice, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence;

* an offence against section 125A(1) of the Family Violence Protection Act 2008 (persistent contravention of notices and orders);

* an offence against section 100 of the Personal Safety Intervention Orders Act 2010 of contravening an order in the course of committing which the accused is alleged to have used or threatened to use violence and—

(a)     the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or

(b)     the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence;

* an offence against section 63A of the Crimes Act 1958 (kidnapping);

* an offence against any of the following provisions of the Crimes Act 1958

(a)     section 75A(1) (armed robbery);

(b)     section 77 (aggravated burglary);

(c)     section 77A (home invasion);

(d)     section 79 (carjacking);

(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);

* 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 firearm, offensive weapon, or explosive as defined by section 77 of the Crimes Act 1958;

* 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);

* 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);

* 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;

* 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;

* 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 Sex Offenders (Detention and Supervision) Act 2009;

* 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 Sex Offenders (Detention and Supervision) Act 2009;

* an offence against the Bail Act 1977;

* an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of Schedule 2 to the Bail Act 1977;

* [insert any other relevant Schedule 2 offence];

and is being held in custody at [place at which held] in relation to *that offence/*those offences.

The accused has satisfied me that a compelling reason exists that justifies the grant of bail.

The prosecutor has not satisfied me that there is an unacceptable risk that the accused would, if released on bail—

·endanger the safety or welfare of any person; or

·commit an offence while on bail; or

·interfere with a witness or otherwise obstruct the course of justice in any matter; or

·fail to surrender into custody in accordance with any conditions of bail.

I, [name of bail decision maker] a [insert title of bail decision maker] order that the accused be released from custody upon the accused signing an undertaking to attend before the                 Court at               on             20              on the following condition(s):

[insert any other conditions imposed]

The reasons for making this order are—

Dated at              ,           , 20      .

*Bail Justice

*A police officer/*of or above the rank of Sergeant/for the time being in charge of a Police Station

* Delete if inapplicable.

NOTE—This statement is to be provided as soon as practicable to the court specified in the accused's undertaking as the court to which the accused is required to surrender into custody.

S. 9(3)  Reg. 7

FORM 4

Bail Act 1977

Bail Regulations 2012

AFFIDAVIT OF JUSTIFICATION BY SURETY TO UNDERTAKING

In the matter of—

* under committal for trial at the sittings of the *Supreme/County Court in its criminal jurisdiction at

* under committal for trial at the *Supreme/County Court at

* on remand to attend before the *Magistrates'/Children's Court at         on the day of            , 20    

* under arrest to answer a charge of

I,    [name]     of       [address],    [occupation], *make oath and say/do solemnly and sincerely affirm—

1.That I am a person who has attained the age of 18 years and am not under any disability at law.

2.That I am, after payment of all my just debts and liabilities, well and truly worth in real or personal property or both not less than the amount of [dollars].

3.That my real estate consists of [the allotment, parish, street, etc., the area of the land and whether there are any buildings on the land should be stated with sufficient accuracy to identify the land].

4.That my real estate is not encumbered (except by [if encumbered, state nature of encumbrances and give value of equity]).

5.That my personal property consists of [if money on deposit, give name and address of bank etc., if household furniture, state where kept].

*6.That I am not surety in any other matter.

*7.That I am surety at the present time in the *matter/matters of
in the sum of $           and in no other, but the value of my real and personal property is sufficient to cover my liability in *that matter/
all those matters.

Signature of Surety

*Sworn/Affirmed at             in the State of Victoria on             , 20      

Before me—

* Judge

* Magistrate

* Bail Justice

* Prothonotary

* Deputy prothonotary

* Registrar of the County Court

* Deputy registrar of the County Court

* Registrar of the Magistrates' Court at

* Deputy registrar of the Magistrates' Court

* A member of the Police Force *of or above the rank of Sergeant/for the time being in charge of the Police Station at

* The Governor of the Prison at

* An officer of the prison at               of or above the rank of Senior Prison Officer

* In the case of an enforcement warrant within the meaning of the Fines Reform Act 2014, the sheriff or a person authorised under section 115(5) of that Act

* For the purposes of section 9(3B)(b) of the Bail Act 1977, a person authorised by Part IV of the Evidence (Miscellaneous Provisions) Act 1958 to take affidavits

* Delete if inapplicable.

FORM OF OATH OR AFFIRMATION FOR AN AFFIDAVIT OF JUSTIFICATION BY SURETY

The surety is to repeat the following words:

"I swear [or the surety may promise] by Almighty God [or the surety may name a god recognised by his or her religion] that I have truthfully answered all questions put to me in this matter."

or

"I solemnly and sincerely declare and affirm that I have truthfully answered all questions put to me in this matter".

The surety is to be asked the following questions after the oath or affirmation is administered—

1.Is this affidavit signed with your name and handwriting?

2.Are the contents of this affidavit true and correct in every particular?

To each question the surety must reply by saying "Yes".

S. 9(4)  Reg. 8

FORM 5

Bail Act 1977

Bail Regulations 2012

DECLARATION OF JUSTIFICATION BY SURETY TO UNDERTAKING

In the matter of—

* under committal for trial at the sittings of the *Supreme/County Court in its criminal jurisdiction at

* under committal for trial at the *Supreme/County Court at

* on remand to attend before the *Magistrates'/Children's Court at           on the        day of    , 20       

* under arrest to answer a charge of

I,     [name]     of    [address],    [occupation], do solemnly and sincerely declare—

1.That I am a person who has attained the age of 18 years and am not under any disability at law.

2.That I am, after payment of all my just debts and liabilities, well and truly worth in real or personal property or both not less than the amount of [dollars].

3.That my real estate consists of [the allotment, parish, street, etc., the area of the land and whether there are any buildings on the land should be stated with sufficient accuracy to identify the land].

4.That my real estate is not encumbered (except by [if encumbered, state nature of encumbrances and give value of equity]).

5.That my personal property consists of [if money on deposit, give name and address of bank etc., if household furniture, state where kept].

*6.That I am not surety in any other matter.

*7.That I am surety at the present time in the *matter/matters of           in the sum of $          and in no other, but the value of my real and personal property is sufficient to cover my liability in *that matter/all those matters.

I acknowledge that this declaration is true and correct, and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.

Signature of Surety

Declared at                in the State of Victoria on              , 20    

Before me—

* Judge

* Magistrate

* Bail Justice

* Prothonotary

* Deputy prothonotary

* Registrar of the County Court

* Deputy registrar of the County Court

* Registrar of the Magistrates' Court at

* Deputy registrar of the Magistrates' Court

* A member of the Police Force *of or above the rank of Sergeant/for the time being in charge of the Police Station at

* The Governor of the Prison at

* An officer of the prison at               of or above the rank of Senior Prison Officer

* In the case of an enforcement warrant within the meaning of the Fines Reform Act 2014, the sheriff or a person authorised under section 115(5) of that Act

* For the purposes of section 9(3B)(b) of the Bail Act 1977, a person authorised by Part IV of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of statutory declarations

* Delete if inapplicable.

FORM OF QUESTIONS TO BE USED IN THE TAKING OF DECLARATION FROM A SURETY

1.   Do you solemnly and sincerely declare that this declaration is signed with your name and handwriting?

2.   Do you solemnly and sincerely declare that the contents of this declaration are true and correct in every particular?

3.   Do you make this solemn declaration conscientiously believing it to be true and correct, and in the belief that a person who makes a false declaration is liable to the penalties of perjury?

To each question the surety must reply by saying "I do".

S. 9(6)  Reg. 9

FORM 6

Bail Act 1977

Bail Regulations 2012

WARRANT TO ARREST IF A SURETY GIVES FALSE INFORMATION IN SUPPORT OF AN UNDERTAKING OF BAIL

In the               Court

at

Informant

Accused

of

Nature of charge [state shortly]

To all members of the Police Force of the State of Victoria:

On                , 20      the accused and [name of surety] as surety signed an undertaking of bail conditioned for the attendance of the accused

* before the *Supreme/County Court at  at its sittings commencing on the           , 20     .

* before the               Court at            at             *a.m./p.m.
on                , 20      .

* which undertaking was extended to                  , 20           
at *a.m./p.m.

This Court is of the opinion that the surety for bail has *sworn an affidavit of justification/made a declaration of justification which he or she knew to be false in a material particular, namely—

You are authorised to break, enter and search any place where the accused is suspected to be and to arrest him or her and cause the accused when arrested—

(a)to be brought before a bail decision maker as soon as practicable to be dealt with according to law; or

(b)to be released on bail in accordance with the endorsement on the warrant.

Dated at            ,              20    .

*Judge of the *Supreme/County Court

*Magistrate

* Delete if inapplicable.

S. 10(6)(e), (6A)(b)  Reg. 10

FORM 7

Bail Act 1977

Bail Regulations 2012

STATEMENT FOR A PERSON IN CUSTODY WHEN BAIL IS REFUSED OR OBJECTION IS TAKEN TO THE AMOUNT FIXED FOR OR CONDITIONS OF BAIL

To

Take notice that, if a police officer, the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014

(a)refuses to release you on bail, you may apply to a court or bail justice for discharge from custody under section 10(6) of the Bail Act 1977 (set out below); or

(b)grants you bail, but you object to the amount fixed for bail or anycondition of bail, you may apply to a court or bail justice foravariation of the amount of bail or conditions of bail under section 10(6A) of the Bail Act 1977 (set out below).

Bail Act 1977, Section 10(5), (6), (6A), (6B), (7) and (8)

"(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.

Notes

1    Only a court may grant bail to a person accused of a Schedule 1 offence. See section 13.

2    Section 13A imposes restrictions on who may grant bail to certain persons accused of certain Schedule 2 offences who are already on 2 or more undertakings of bail in relation to other indictable offences.

...

(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."

S. 11(2)  Reg. 11

FORM 8

Bail Act 1977

Bail Regulations 2012

NOTICE OF DEPOSIT TO SECURE PAYMENT OF ANY PENALTY IMPOSED BY THE MAGISTRATES' COURT

Informant

Accused  of          [address]

Nature of Offence [state shortly]

The Accused was released by me from custody on his or her making a deposit in the amount of          dollars and at the time I released him or her—

(a)I notified him or her that he or she was required to attend before the Magistrates' Court at  at             *a.m./p.m. on


20       to answer the charge; and

(b)I explained to him or her that, if he or she failed to attend at the time and place, the charge might be heard in his or her absence, and that the deposit would be appropriated to the payment or part payment of any fine which might be imposed upon him or her by the Court and any surplus paid into the Consolidated Fund, but that if he or she attended to answer the charge any surplus would be refunded to him or her.

Dated at              , 20    .

Signature of member of Police Force

releasing the accused

Rank             No.

Deposit of $

Signature of Accused

* Delete if inapplicable.

*                *                *                *                *

*                *                *                *                *

Ss 18, 18AC(1), 18AK  Regs 13A and 14

FORM 11

*FURTHER APPLICATION BY ACCUSED FOR BAIL/*APPLICATION BY ACCUSED FOR VARIATION OF AMOUNT OF BAIL OR CONDITIONS OF BAIL

In the  Court

at

Applicant [insert name of Accused]

Respondent [insert name of Informant]

Nature of charge

On              20     , I            , the applicant *was refused bail at the               Court at               /*was admitted to bail upon signing an undertaking on the following conditions:

(a)A deposit of $     ;

(b)A *surety/sureties [insert name and address of first surety] of       in the amount of $             *[insert name and address of second surety] of       in the amount of $     ;

(c)[insert any other condition imposed].

I will apply to the               Court at                 for:

* an order for release from custody on bail.

* variation of my conditions of bail as follows:


[insert details of the variation/s sought].

* an order dispensing with the requirement for 3 days notice of the application.

*All parties agree that the required period of 3 days notice be waived.

*The application for variation is by consent.

Dated at              20     .

[Signed] Applicant

* Delete if inapplicable.

LISTING OF APPLICATION

This application is listed for hearing before the Court at [place] at [time] *a.m./p.m. on [date].

Date:

*Registrar of the               Court/*Prothonotary of Supreme Court

ACCUSED: IMPORTANT INFORMATION

You must give the court, informant, and the prosecutor 3 days notice for the hearing of this application.

If the application is urgent, you should ask the prosecuting authority if they agree to the application being heard sooner.

If they do not agree, you may apply to the court for your application to be heard sooner. This is an application for 'an order dispensing with the notice requirement'.

S. 18AK(1)  Regs 13A(2) and 14(2)

FORM 11A

NOTICE TO INFORMANT AND EITHER DPP OR PROSECUTOR OF *FURTHER APPLICATION FOR BAIL/*APPLICATION FOR AN ORDER TO VARY AMOUNT OR CONDITIONS OF BAIL

In the               Court

at

Applicant [insert name of Accused]

Respondent [insert name of Informant]

Nature of charge

To the informant and *DPP/Prosecutor

TAKE NOTICE THAT—

I will apply to the                Court at            *a.m./p.m. for an order—

* for release from custody on bail.

* varying the amount of bail fixed as follows:


[insert details of the variation sought].

* varying *a condition/the conditions of bail as follows:


[insert details of the variation sought].

* dispensing with the requirement for 3 days notice of the application.

Dated at               20     .

[Signed] Applicant

* Delete if inapplicable.

S. 18AC(2)  Reg. 15

FORM 12

Bail Act 1977

Bail Regulations 2012

APPLICATION BY INFORMANT OR DIRECTOR OF PUBLIC PROSECUTIONS FOR AN ORDER TO VARY AMOUNT OF BAIL, VARY CONDITION(S) OF BAIL OR IMPOSE CONDITIONS OF BAIL

In the  Court at  

Applicant [insert name of Informant or Director of Public Prosecutions]

Respondent [insert name of Accused] of [address]

Nature of charge

On  20    , the respondent was admitted to bail upon signing an undertaking on the following conditions:

*(a)A deposit of $      ;

*(b)A *surety/sureties [insert name and address of first surety] of           in the amount of $       *[insert name and address of second surety] of       in the amount of $              ;

*(c)[insert any other condition imposed].

To the *Registrar of the                  Court/Prothonotary of the Supreme Court at           

AND To the Respondent

*AND to the *Surety/Sureties

The Applicant will apply to the               Court at            for an order—

* varying the amount of bail fixed as follows [insert details of the variation sought];

* varying *a condition/the conditions of bail as follows [insert details of the variation sought];

* imposing *a condition/conditions of bail as follows [insert details of the conditions sought].

This application is *by consent/contested.

Date:

(Signed) Applicant

LISTING OF APPLICATION

This application is listed for hearing before the            Court at [place] at [time] *a.m./p.m. on [date].

Date:

* Registrar of the  Court/Prothonotary of Supreme Court

* Delete if inapplicable.

S. 18AE(1)  Reg. 16

FORM 13

Bail Act 1977

Bail Regulations 2012

APPLICATION BY INFORMANT OR DIRECTOR OF PUBLIC PROSECUTIONS FOR AN ORDER TO REVOKE BAIL

In the  Court at  

Applicant [insert name of Informant or Director of Public Prosecutions]

Respondent [insert name of Accused] of [address]

Nature of charge

On  20      , the respondent was admitted to bail upon signing an undertaking on the following conditions:

*(a)A deposit of $      ;

*(b)A *surety/sureties [insert name and address of first surety] of           in the amount of $       *[insert name and address of second surety] of       in the amount of $               ;

*(c)[insert any other condition imposed].

To the *Registrar of the                  Court/Prothonotary of the Supreme Court at           

AND To the Respondent

*AND to the *Surety/Sureties

The Applicant will apply to the               Court at            for an order revoking bail.

This application is *by consent/contested.

Date:

(Signed) Applicant

LISTING OF APPLICATION

This application is listed for hearing before the            Court at [place] at [time] *a.m./p.m. on [date].

Date:

* Registrar of the  Court/Prothonotary of Supreme Court

* Delete if inapplicable.

S. 18AI(2)(a)  Reg. 17

FORM 14

Bail Act 1977

Bail Regulations 2012

NOTICE TO SURETY OF APPLICATION BY ACCUSED FOR AN ORDER TO VARY AMOUNT OF BAIL OR CONDITION(S) OF BAIL

In the  Court at  

Applicant [insert name of Accused] of [address]

Respondent [insert name of Informant and/or Director of Public Prosecutions]

Nature of charge

On  20    , I [insert name], was admitted to bail upon signing an undertaking on the following conditions:

*(a)A deposit of $      ;

*(b)A *surety/sureties [insert name and address of first surety] of           in the amount of $       *[insert name and address of second surety] of       in the amount of $               ;

*(c)[insert any other condition imposed].

On                   you [insert name], as my surety, signed the undertaking of bail requiring that I attend at the *Supreme/*County/*Magistrates'/*Children's Court at  


on  .

*The undertaking of bail was extended to  .

TAKE NOTICE—

1.     I will apply to the               Court at            for an order—

* varying the amount of bail fixed as follows [insert details of the variation sought];

* varying *a condition/the conditions of bail as follows [insert details of the variation sought].

2.As surety you are entitled to attend at the hearing of such application and to give evidence.

Date:

(Signed) Applicant

* Delete if inapplicable.

S. 23(2)  Reg. 18

FORM 15

Bail Act 1977

Bail Regulations 2012

WARRANT TO ARREST IF A SURETY APPLIES TO BE DISCHARGED FROM LIABILITY UNDER AN UNDERTAKING OF BAIL

In the  Court

at

Informant

Accused

of

Nature of charge [state shortly]

To all members of the Police Force of the State of Victoria

On               20     the accused and [name of surety] as surety signed an undertaking of bail conditioned for the attendance of the accused—

* before the *Supreme/County Court at           at its sittings commencing on the               20     .

* before the              Court at             at             *a.m./p.m. on
20    .

* which undertaking was extended to               20 at
*a.m./p.m.

The surety has made application for his or her discharge from liability under the undertaking.

You are authorised to break, enter and search any place where the accused is suspected to be and to arrest him or her and cause the accused when arrested—

(a)to be brought before a bail decision maker as soon as practicable to be dealt with according to law; or

(b)to be released on bail in accordance with the endorsement on the warrant.

Dated at                   20     .

*Judge of the *Supreme/County Court
*Magistrate

* Delete if inapplicable.

S. 25  Reg. 19

FORM 16

Bail Act 1977

Bail Regulations 2012

WARRANT TO ARREST TO AMEND OR SUPPLEMENT THE CONDITIONS OF AN UNDERTAKING OF BAIL

In the                  Court

at

Informant

Accused

of

Nature of charge [state shortly]

To all members of the Police Force of the State of Victoria

On  20     the accused signed an undertaking conditioned for his or her attendance

* before the *Supreme/County Court at               at its sittings commencing on the           20     .

* before the                  Court at          at            *a.m./p.m.
on            20     .

* which undertaking was extended to             20    at     *a.m./ p.m.

The Court is of the opinion that it is necessary or advisable in the interests of justice that the conditions of the undertaking be amended or supplemented.

You are authorised to break, enter and search any place where the accused is suspected to be and to arrest him or her and cause the accused when arrested—

(a)to be brought before a bail decision maker as soon as practicable to be dealt with according to law; or

(b)to be released on bail in accordance with the endorsement on the warrant.

Dated at  20     .

*Judge of the *Supreme/County Court
*Magistrate

* Delete if inapplicable.

S. 26(1)  Reg. 20

FORM 17

Bail Act 1977

Bail Regulations 2012

WARRANT TO ARREST IF A PERSON HAS BEEN RELEASED WITH INSUFFICIENT SECURITY OR WITH SECURITY WHICH HAS BECOME INSUFFICIENT

In the  Court

at

Informant

Accused

of

Nature of charge [state shortly]

To all members of the Police Force of the State of Victoria

On  20    the accused signed an undertaking of bail conditioned for his or her attendance

* before the *Supreme/County Court at             at its sittings commencing on the               20     .

* before the                 Court at           at           *a.m./p.m.
on      20    .

* which undertaking was extended to                20    
at       *a.m./p.m.

The Court, being the Court that admitted the accused to bail, is of the opinion that the accused was released with *insufficient security/security which has become insufficient.

You are authorised to break, enter and search any place where the accused is suspected to be and to arrest him or her and cause the accused when arrested—

(a)to be brought before a bail decision maker as soon as practicable to be dealt with according to law; or

(b)to be released on bail in accordance with the endorsement on the warrant.

Dated at  20    .

*Judge of the *Supreme/County Court
*Magistrate

* Delete if inapplicable.

S. 26(2)  Reg. 21

FORM 18

Bail Act 1977

Bail Regulations 2012

WARRANT TO ARREST IF A PERSON RELEASED ON UNDERTAKING FAILS TO ATTEND

In the                   Court

at

Informant

Accused

of

Nature of charge [state shortly]

To all members of the Police Force of the State of Victoria

On  20    the accused signed an undertaking of bail conditioned for his or her attendance—

* before the *Supreme/County Court at                  at its sittings commencing on               20     .

* before the  Court at               at           *a.m./p.m.
on       20    .

* which undertaking was extended to                20     at         *a.m./p.m.

The accused has in breach of the undertaking failed to attend this day before this Court.

You are authorised to break, enter and search any place where the accused is suspected to be and to arrest him or her and cause the accused when arrested—

(a)to be brought before a bail decision maker as soon as practicable to be dealt with according to law; or

(b)to be released on bail in accordance with the endorsement on the warrant.

Dated at                  20     .

*Judge of the *Supreme/County Court
*Magistrate

* Delete if inapplicable.

═══════════════

Endnotes

1   General information

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

The Bail Regulations 2012, S.R. No. 148/2012 were made on 11 December 2012 by the Governor in Council under section 33 of the Bail Act 1977, No. 9008/1977 and came into operation on 21 January 2013: regulation 3.

The Bail Regulations 2012 will sunset 10 years after the day of making on 11 December 2022 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after


1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.


This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 


See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after


1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.


See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after


1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Bail Regulations 2012 by statutory rules, subordinate instruments and Acts.

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

Bail Amendment Regulations 2013, S.R. No. 39/2013

Date of Making: 16.4.13
Date of Commencement: 17.4.13: reg. 3

Bail Further Amendment Regulations 2013, S.R. No. 141/2013

Date of Making: 26.11.13
Date of Commencement: 20.12.13: reg. 3

Bail Amendment Regulations 2016, S.R. No. 26/2016

Date of Making: 19.4.16
Date of Commencement: 2.5.16: reg. 3

Bail Amendment Regulations 2017, S.R. No. 131/2017

Date of Making: 19.12.17
Date of Commencement: 31.12.17: reg. 3

Bail Amendment Regulations 2018, S.R. No. 52/2018

Date of Making: 15.5.18
Date of Commencement: Regs 5–19 on 21.5.18: reg. 3(1); regs 20–26 on 1.7.18: reg. 3(2)

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

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details


[1] Reg. 4(a): S.R. No. 1/2003. Reprint No. 1 as at 15 August 2006. Reprinted to S.R. No. 104/2006. Subsequently amended by S.R. No. 155/2009 and S.R. No. 121/2010.

[2] Reg. 4(b): S.R. No. 55/2003.

[3] Reg. 4(c): S.R. No. 104/2006.

[4] Reg. 4(d): S.R. No. 155/2009.

[5] Reg. 4(e): S.R. No. 121/2010.

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