Untitled document

Bail Further Amendment Regulations 2013

S.R. No. 141/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5New regulation 5A inserted

5ANotice setting out obligations of bail

6New regulation 13A inserted

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

7New Form 2A inserted

Form 2A—Notice of Obligations of Bail for *Accused/ *Infringement Offender and Surety

8Form 11 substituted and new Form 11A inserted

Form 11—*Further Application by Accused for Bail/ *Application by Accused for Variation of
Amount of Bail or Conditions of Bail

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

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 141/2013

Bail Act 1977

Bail Further Amendment Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 26 November 2013

Responsible Minister:

ROBERT CLARK
Attorney-General

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to make consequential amendments to the Bail Regulations 2012 as a result of the Bail Amendment Act 2013.

2Authorising provision

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

3Commencement

These Regulations come into operation on 20 December 2013.

4Principal Regulations

In these Regulations, the Bail Regulations 2012[1] are called the Principal Regulations.

5New regulation 5A inserted

After regulation 5 of the Principal Regulations insert—

"5A   Notice 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.".

6New regulation 13A inserted

After regulation 13 of the Principal Regulations insert—

"13A   Form 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.".

7New Form 2A inserted

After Form 2 of the Principal Regulations insert—

"S. 17  Reg. 5A

FORM 2A

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

Informant: [police informant and prosecuting agency]

*Accused/*Infringement offender: [name]

The *accused/*infringement offender is charged with:

[charges].

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

ACCUSED: IMPORTANT INFORMATION—DO NOT IGNORE THIS

You have been charged with an offence 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 12 months 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 has a maximum penalty of 30 penalty units or 3 months imprisonment.

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 accused 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.

__________________".

8Form 11 substituted and new Form 11A inserted

For Form 11 of the Principal Regulations substitute—

"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.

__________________".

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ENDNOTES

[1] Reg. 4: S.R. No. 148/2012 as amended by S.R. No. 39/2013.