Bail Amendment Act 2010 (Vic)

Bail Amendment Act 2010

No. 70 of 2010

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Bail Act 1977

3New Part 1 heading inserted

4Definitions

5New section 3A inserted

3ADetermination in relation to an Aboriginal person

6New Part 2 heading inserted

7Accused person held in custody entitled to bail

8Section 5 substituted

5Conditions of bail

9Power to return accused to youth justice centre

10Surety for bail

11Court or bail justice to grant or refuse bail

12Conditions of bail

13Extension of bail

14New Part 3 heading inserted

15Section 18 substituted

18Further application for bail where bail refused or revoked

18AACertain circumstances required before application
may be heard

18ABHearing and determination of further application for
bail

18ACApplication for variation of bail conditions

18ADDetermination of application for variation of the
amount of bail or bail conditions

18AEApplication for revocation of bail

18AFDetermination of application for revocation of bail

18AGAppeal against refusal to revoke bail

18AHPreservation of the right of application or appeal to
the Supreme Court or County Court

18AINotice of application for variation to be given to
sureties

18AJSurety entitled to attend on application for variation

16New Part 4 heading inserted

17Appeal by Director of Public Prosecutions against inadequacy
of bail etc.

18New Part 5 heading inserted

19Arrest on another charge not to vacate bail

20Section 21 substituted and section 22 repealed

21Abolition of right of a surety to apprehend a principal

21Surety may apply for discharge

22Arrest of person released on bail

23Arrest where bail insufficient

24Notice of trial

25Failure to answer bail

26Transitional provisions

Part 3—Magistrates' Court Act 1989

27Warrants to arrest

28Search warrants

29Section 120 substituted

120Definitions

120AAppointment of bail justices

120BApplication for appointment as bail justice

120CRe-appointment of bail justices

120DApplication for re-appointment as bail justice

120EAppointment of acting bail justices

120FApplication for appointment or re-appointment as
acting bail justice

120GResignation

120HOath of office

120IJudge or magistrate may exercise power of bail
justice

30Certain office-holders to be bail justices

31Section 122 substituted

122Suspension from office

122AInvestigation of bail justice

122BRemoval of bail justice from office

32Vacation of office

33New sections 124AA and 124AB inserted

124AAProfessional development and training

124ABGuidelines

34Regulations

35Schedule 8 amended

46Transitional provisions—Bail Amendment Act 2010

Part 4—Consequential Amendments

36Criminal Procedure Act 2009

37Crown Proceedings Act 1958

38Family Violence Protection Act 2008

39Interpretation of Legislation Act 1984

40Stalking Intervention Orders Act 2008

41Victims' Charter Act 2006

Part 5—Repeal of Amending Act

42Repeal of amending Act

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Endnotes

Bail Amendment Act 2010

No. 70 of 2010

[Assented to 19 October 2010]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Bail Act 1977—

(i)to clarify and amend the law relating to conditions of bail, sureties and deposits, variation of bail, revocation of bail, further bail applications and appeals; and

(ii)to require a decision maker to take into account any issues that arise due to the Aboriginality of a person when making a determination under the Act in relation…