Imposition of bail conditions
20A Imposition of bail conditions
Bail conditions are to be imposed only if the bail authority is satisfied, after assessing bail concerns under this Division, that there are identified bail concerns.
A bail authority may impose a bail condition only if the bail authority is satisfied that—
the bail condition is reasonably necessary to address a bail concern, and
the bail condition is reasonable and proportionate to the offence for which bail is granted, and
the bail condition is appropriate to the bail concern in relation to which it is imposed, and
the bail condition is no more onerous than necessary to address the bail concern in relation to which it is imposed, and
it is reasonably practicable for the accused person to comply with the bail condition, and
there are reasonable grounds to believe that the condition is likely to be complied with by the accused person.
This section does not limit a power of a court to impose enforcement conditions.
Note.
Enforcement conditions are imposed for the purpose of monitoring or enforcing compliance with other bail conditions. Section 30 provides for this type of bail condition.
This Act’s bill:Explanatory memorandumSecond reading speech
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