Untitled document

Bail Amendment Regulations 2010

S.R. No. 121/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Inquiry into physical or mental condition of an accused

6Certification of bail

7Certificate of refusal of bail

8Duplicate of a certificate of bail

9Warrant of deliverance

10Substitution of regulation 17

17Application for variation of amount or conditions of
bail

17ANotice of application for variation to be given to
sureties

11Undertaking of bail

12Undertaking of bail for attendance at trial

13Statement of the reasons for inquiry into physical or mental condition of an accused

14Affidavit of justification by surety to undertaking

15Declaration of justification by surety to undertaking

16Notice of deposit to secure payment of any penalty imposed by the Magistrates' Court

17Certificate of bail

18Duplicate of a certificate of bail under section 15(2)

19Warrant of deliverance on prisoner being admitted to bail

20Notice of application for an order to vary *amount of bail *condition(s) of bail

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 121/2010

Bail Act 1977

Bail Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 26 October 2010

Responsible Minister:

ROB HULLS
Attorney-General

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Bail Regulations 2003 as a consequence of certain provisions of the Bail Amendment Act 2010.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 January 2011.

4Principal Regulations

In these Regulations, the Bail Regulations 2003[1] are called the Principal Regulations.

5Inquiry into physical or mental condition of an accused

Regulation 7 of the Principal Regulations is revoked.

6Certification of bail

In regulation 13 of the Principal Regulations, for "warrant of remand or a warrant of commitment" substitute "remand warrant".

7Certificate of refusal of bail

In regulation 14 of the Principal Regulations, for "warrant of remand or a warrant of commitment" substitute "remand warrant".

8Duplicate of a certificate of bail

Regulation 15 of the Principal Regulations is revoked.

9Warrant of deliverance

Regulation 16 of the Principal Regulations is revoked.

10Substitution of regulation 17

For regulation 17 of the Principal Regulations substitute—

"17   Application for variation of amount or conditions of bail

(1)For the purposes of section 18AC(1) of the Bail Act 1977, Form 14 is prescribed.

(2)Notice of 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.

17ANotice of application for variation to be given to sureties

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

11Undertaking of bail

In Form 1 of the Principal Regulations, omit "*Other Security".

12Undertaking of bail for attendance at trial

In Form 2 of the Principal Regulations omit—

(a)"sent by post";

(b)"*Other Security" (wherever occurring).

13Statement of the reasons for inquiry into physical or mental condition of an accused

Form 4 of the Principal Regulations is revoked.

14Affidavit of justification by surety to undertaking

In Form 5 of the Principal Regulations, after "*In the case of an infringement warrant within the meaning of the Infringements Act 2006, the sheriff or a person authorised under section 84(5) of that Act" insert—

"*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".

15Declaration of justification by surety to undertaking

In Form 6 of the Principal Regulations, after "*In the case of an infringement warrant within the meaning of the Infringements Act 2006, the sheriff or a person authorised under section 84(5) of that Act" insert—

"*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".

16Notice of deposit to secure payment of any penalty imposed by the Magistrates' Court

In Form 9 of the Principal Regulations, for "defendant" substitute "accused".

17Certificate of bail

In Form 10 of the Principal Regulations—

(a)omit "or other security" (where first occurring);

(b)omit "3. A deposit of $     or other security and a surety/sureties in the amount of

$     ;";

(c)for "4." substitute "3.".

18Duplicate of a certificate of bail under section 15(2)

Form 12 of the Principal Regulations is revoked.

19Warrant of deliverance on prisoner being admitted to bail

Form 13 of the Principal Regulations is revoked.

20Notice of application for an order to vary *amount of bail *condition(s) of bail

In Form 14 of the Principal Regulations—

(a)for "S. 18(7)" substitute "Ss 18AC(1), 18AI(2)(a)";

(b)omit "or other security to the same value".

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ENDNOTES

[1] Reg. 4: 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.