Untitled document
Bail Amendment Regulations 2009
S.R. No. 155/2009
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Undertaking of bail
6Grant of bail
7Inquiry into physical or mental condition of an accused person
8Warrant to arrest if surety gives false information
9Application seeking variation of amount or conditions of bail
10Warrant to arrest if surety applies for discharge
11Warrant to arrest to impose additional conditions
12Warrant to arrest if person released on undertaking to appear
fails to appear13Undertaking of bail
14Undertaking of bail for appearance at trial
15Statement of reasons for granting bail
16Statement of the reason for inquiry into physical or mental condition of an accused person
17Affidavit of justification by surety to undertaking
18Declaration of justification by surety to undertaking
19Warrant to arrest if a surety gives false information in support
of an undertaking of bail20Notice of deposit to secure payment of any penalty imposed by the Magistrates' Court
21Certificate of bail
22Certificate of refusal of bail
23Duplicate of a certificate of bail under section 15(2)
24Warrant of deliverance on prisoner being admitted to bail
25Notice of application for an order to vary amount of bail or conditions of bail
26Warrant to arrest if a surety applies to be discharged from liability under an undertaking of bail
27Warrant to arrest to amend or supplement the conditions of an undertaking of bail
28Warrant to arrest if a person has been released with insufficient security or with security which has become insufficient
29Warrant to arrest if a person released on undertaking fails to appear
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ENDNOTES
STATUTORY RULES 2009
S.R. No. 155/2009
Bail Act 1977
Bail Amendment Regulations 2009
The Governor in Council makes the following Regulations:
Dated: 8 December 2009
Responsible Minister:
ROB HULLS
Attorney-GeneralTOBY HALLIGAN
Clerk of the Executive Council
1Objective
The main objective of these Regulations is to make consequential amendments to the Bail Regulations 2003 as a result of the Criminal Procedure Act 2009.
2Authorising provision
These Regulations are made under section 33 of the Bail Act 1977.
3Commencement
These Regulations come into operation on 1 January 2010.
4Principal Regulations
In these Regulations, the Bail Regulations 2003[1] are called the Principal Regulations.
5Undertaking of bail
In regulation 5 of the Principal Regulations, omit "person".
6Grant of bail
In regulation 6 of the Principal Regulations, for "defendant" substitute "accused".
7Inquiry into physical or mental condition of an accused person
(1)In the heading to regulation 7 of the Principal Regulations, for "accused person" substitute "accused".
(2)In regulation 7 of the Principal Regulations, omit "person".
8Warrant to arrest if surety gives false information
In regulation 10 of the Principal Regulations, omit "person".
9Application seeking variation of amount or conditions of bail
In regulation 17 of the Principal Regulations, omit "person".
10Warrant to arrest if surety applies for discharge
In regulation 18 of the Principal Regulations, for "a defendant" substitute "an accused".
11Warrant to arrest to impose additional conditions
In regulation 19 of the Principal Regulations, for "a defendant" substitute "an accused".
12Warrant to arrest if person released on undertaking to appear fails to appear
(1)In the heading to regulation 21 of the Principal Regulations, for "appear" (wherever occurring) substitute "attend".
(2)In regulation 21 of the Principal Regulations, for "appear" (wherever occurring) substitute "attend".
13Undertaking of bail
In Form 1 of the Principal Regulations—
(a)for "defendant" (wherever occurring) substitute "accused";
(b)for "appear" substitute "attend";
(c)for "Defendant" (wherever occurring) substitute "Accused";
(d)for "accused person" (wherever occurring) substitute "accused";
(e)for "Defendant's/Infringement Offender's Address" substitute "Address of Accused/Infringement Offender";
(f)for "Defendant's/Infringement Offender's Occupation" substitute "Occupation of Accused/Infringement Offender".
14Undertaking of bail for appearance at trial
(1)In the heading to Form 2 of the Principal Regulations, for "APPEARANCE" substitute "ATTENDANCE".
(2)In Form 2 of the Principal Regulations—
(a)for "appearance" (wherever occurring) substitute "attendance";
(b)for "appear" substitute "attend";
(c)omit "or by telegram";
(d)for "accused person" (wherever occurring) substitute "accused";
(e)for "defendant" (wherever occurring) substitute "accused".
15Statement of reasons for granting bail
In Form 3 of the Principal Regulations—
(a)for "Defendant" (wherever occurring) substitute "Accused";
(b)for "*with an offence against section 22 of the Crimes (Family Violence) Act 1987 and the circumstances set out in section 4(4)(ba)(i) or 4(4)(ba)(ii) of the Bail Act 1977 are satisfied;" substitute—
"*with an offence against section 37 or 123 of the Family Violence Protection Act 2008 and the circumstances set out in section 4(4)(ba) of the Bail Act 1977 are satisfied;
*with an offence against section 32 of the Stalking Intervention Orders Act 2008 and the circumstances set out in section 4(4)(bb) of the Bail Act 1977 are satisfied;";
(c)for "defendant" (wherever occurring) substitute "accused";
(d)for "appear" substitute "attend".
16Statement of the reason for inquiry into physical or mental condition of an accused person
(1)In the heading to Form 4 of the Principal Regulations, for "ACCUSED PERSON" substitute "ACCUSED".
(2)In Form 4 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "defendant" substitute "accused";
(c)for "appearance" substitute "attendance".
17Affidavit of justification by surety to undertaking
In Form 5 of the Principal Regulations—
(a)for "appear" substitute "attend";
(b)after "*An officer in charge of the prison at
of or above the rank of Senior Prison Officer" insert—
"*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".
18Declaration of justification by surety to undertaking
In Form 6 of the Principal Regulations—
(a)for "appear" substitute "attend";
(b)after "*An officer in charge of the prison at
of or above the rank of Senior Prison Officer" insert—
"*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".
19Warrant to arrest if a surety gives false information in support of an undertaking of bail
In Form 7 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "defendant" (wherever occurring) substitute "accused";
(c)for "appearance" substitute "attendance".
20Notice of deposit to secure payment of any penalty imposed by the Magistrates' Court
In Form 9 of the Principal Regulations—
(a)for "Defendant" (wherever occurring) substitute "Accused";
(b)for "appear" (wherever occurring) substitute "attend";
(c)for "appeared" substitute "attended";
(d)for "Defendant's Signature" substitute "Signature of Accused".
21Certificate of bail
In Form 10 of the Principal Regulations—
(a)for "defendant" substitute "accused";
(b)for "appear" substitute "attend".
22Certificate of refusal of bail
In Form 11 of the Principal Regulations, for "defendant" substitute "accused".
23Duplicate of a certificate of bail under section 15(2)
In Form 12 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "defendant" (wherever occurring) substitute "accused";
(c)for "appear" substitute "attend".
24Warrant of deliverance on prisoner being admitted to bail
In Form 13 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "defendant" (wherever occurring) substitute "accused";
(c)for "appearance" substitute "attendance".
25Notice of application for an order to vary amount of bail or conditions of bail
In Form 14 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "appear" substitute "attend".
26Warrant to arrest if a surety applies to be discharged from liability under an undertaking of bail
In Form 15 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "defendant" (wherever occurring) substitute "accused";
(c)for "appearance" substitute "attendance".
27Warrant to arrest to amend or supplement the conditions of an undertaking of bail
In Form 16 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "defendant" (wherever occurring) substitute "accused";
(c)for "appearance" substitute "attendance".
28Warrant to arrest if a person has been released with insufficient security or with security which has become insufficient
In Form 17 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "defendant" (wherever occurring) substitute "accused";
(c)for "appearance" substitute "attendance".
29Warrant to arrest if a person released on undertaking fails to appear
(1)In the heading to Form 18 of the Principal Regulations, for "APPEAR" substitute "ATTEND".
(2)In Form 18 of the Principal Regulations—
(a)for "Defendant" substitute "Accused";
(b)for "defendant" (wherever occurring) substitute "accused";
(c)for "appearance" substitute "attendance";
(d)for "appear" substitute "attend".
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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.
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