Bail Act 1992

This Act is the Bail Act 1992.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘bail order, for part 4 (Grant of bail)—see section 19 (1).’ means that the term ‘bail order’ is defined in that section for part 4.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

This Act applies to a person whether or not the person is an adult.

Part 2 Availability of bail

Division 2.1 When bail may be granted and rights following

An accused person may be granted bail in relation to any period when the person is not required to attend court in relation to the offence with which the person has been charged.

However, an accused person who is in custody in relation to an offence must not be granted bail in relation to any period when—

the person is in custody for another offence or reason in relation to which the person is not entitled to be granted bail; or

the person is serving a sentence of imprisonment.

This section applies if—

bail is granted to an accused person in relation to an offence; and

the person gives an undertaking to appear; and

if a bail condition mentioned in section 25 (1) (b) (ii) or (c) is imposed—the security is given or the deposit made.

The person is entitled—

if the person is in custody—to be released from custody; and

to remain at liberty in relation to the offence until required to appear before a court in accordance with the undertaking.

This section is subject to section 56A (Arrest for failure to comply with bail condition).

Division 2.2 Presumption for bail

This division is subject to division 2.3 (No presumption for bail) and division 2.4 (Presumption against bail).

This section applies to—

a person charged with an offence not punishable by imprisonment (except in default of payment of a fine); and

a person charged with an offence punishable by imprisonment for not longer than 6 months; and

a person arrested for a breach of the peace or apprehended breach of the peace; and

a person arrested under a warrant because of failure to comply with a summons or subpoena; and

a person brought up to attend a trial or hearing following the issue of a habeas corpus order.

The person is entitled—

to be granted bail; and

if the person is in custody—to be released from custody as soon as the person gives an undertaking to appear.

However, if no further appearance is required for a person arrested for a breach of the peace or an apprehended breach of the peace, the person may be released from custody without giving an undertaking to appear.

A condition to keep the peace may be imposed on a grant of bail to a person arrested for a breach of the peace or an apprehended breach of the peace.

Note For other conditions that may be imposed on a grant of bail, see s 25 and s 26.

This section applies to a person arrested, or otherwise brought before the court or a magistrate, in relation to a breach, or anticipated breach, of—

a deferred sentence obligation under the Crimes (Sentencing) Act 2005; or

a treatment order obligation under the Crimes (Sentencing) Act 2005; or

any of the following obligations under the Crimes (Sentence Administration) Act 2005:

an intensive correction order obligation;

a good behaviour obligation;

a parole obligation;

a release on licence obligation.

The person has the same entitlement to bail in relation to the breach, or anticipated breach, of the obligation as the person has under this part in relation to the offence to which the obligation relates.

Example—bail entitlement

Joe has been found guilty of threatening to kill. Joe had, 3 years before, been found guilty of an offence involving violence. A suspended sentence order under the Crimes (Sentencing) Act 2005 is made as part of the sentence for the offence of threatening to kill and Joe is released under the order on signing an undertaking under a good behaviour order. However, Joe breaches the good behaviour order and is before the court on an application to cancel the order. There is no presumption in relation to bail because section 9B (b) applies to make the offence of threatening to kill an offence to which division 2.2 (Presumption for bail) does not apply.

This section applies if—

a person is arrested under the Crimes (Sentence Administration) Act 2005, section 206 (Arrest of offender for board hearing) and brought before a magistrate; or

a person is remanded in custody under the Crimes (Sentence Administration) Act 2005, section 210 (Custody of offender during board hearing adjournment) and an application for bail for the person is made to a court or magistrate.

The person has the same entitlement to bail as the person had for the offence to which the board hearing relates.

A person charged with an offence mentioned in section 8 (1) (a) or (b) is not entitled to be granted bail if—

the person has previously failed to comply with an undertaking to appear, or a bail condition imposed, in relation to the same or a similar offence; or

in the opinion of the court or authorised officer, the person is incapacitated by intoxication, injury or use of drugs or is otherwise in danger of physical injury or in need of physical protection.

A person arrested for a breach of the peace or apprehended breach of the peace is not entitled to be granted bail if the person has previously, without reasonable excuse, failed to comply with an undertaking to appear, or a bail condition imposed, in relation to a breach of the peace or apprehended breach of the peace.