Bail Amendment Act 2001 (ACT)

Bail Amendment Act 2001

No 25 of 2001

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Amendment of Bail Act 1992

1. Act amended  3

2. Interpretation
   Section 3 (1), new definition  3

3. Section 3 (1), definition of authorised officer  3

4. Section 3 (1), new definition  4

5. Availability of bail
   Section 5 (1)  4

6. Bail for offences other than minor offences
   Section 8 (1)  4

7. New section 8 (1A)  4

8. Bail by authorised officer—domestic violence offences
   Section 8A (1)  4

9. Bail in respect of persons sentenced to imprisonment
   Section 9, heading  5

10. New section 9A  5

11. Dispensing with bail
    New section 10 (5)  6

12. Determination of bail after charge laid
    Section 13 (1) (d) (i)  6

13. Determination of questions of bail by authorised officers
    Section 15 (1) (b), (2) and (3)  6

14. Failure to answer bail
    Section 49  7

Part 3Amendment of Crimes Act 1900

1. Act amended  8

2. Warrants for arrest
   New section 349ZD (4)  8

Bail Amendment Act 2001

No 25 of 2001

An Act to amend the Bail Act 1992 and to amend the Crimes Act 1900 as a consequence

[Notified in ACT Gazette No. 21: 24 May 2001]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Bail Amendment Act 2001.

2. Commencement

   This Act commences on the day it is notified in the Gazette.

Part 2Amendment of Bail Act 1992

1. Act amended

   This part amends the Bail Act 1992.

2. Interpretation
   Section 3 (1), new definition

   insert

   applicable bail criteria, for a decision about the grant of bail by an authorised person to a person accused of an offence, means criteria under any of the following provisions that apply to the decision:

   (a)for a domestic violence offence—section 8A;

   (b)for a serious offence committed while the accused person was on bail for another serious offence—section 9A;

   (c)for any offence committed by an adult—section 22;

   (d)for any offence committed by a child—section 23.

3. Section 3 (1), definition of authorised officer

   substitute

   authorised officer means any of the following:

   (a)the chief police officer;

   (b)a police officer exercising the functions of a superintendent or sergeant;

   (c)another police officer authorised in writing by the chief police officer.

4. Section 3 (1), new definition

   insert

   serious offence—see section 9A (1) (a) (Bail for serious offence committed while on bail for another serious offence).

5. Availability of bail
   Section 5 (1)

   omit

   Subject to subsection (2) and section 9, an

   substitute

   An

6. Bail for offences other than minor offences
   Section 8 (1)

   omit everything after paragraph (c)

7. New section 8 (1A)

   insert

(1A)    However, this section does not apply to the grant of bail—

(a)by an authorised officer to a person accused of a domestic violence offence (see section 8A); or

(b)by a court or an authorised officer to a person accused of a serious offence that is alleged to have been committed while the person was on bail for another serious offence (see section 9A).

1. Bail by authorised…