Bail decisions that can be made
8 Bail decisions that can be made
The following decisions (each of which is a bail decision) can be made under this Act in respect of a person accused of an offence—
a decision to release the person without bail for the offence,
a decision to dispense with bail for the offence,
a decision to grant bail for the offence (with or without the imposition of bail conditions),
a decision to refuse bail for the offence.
Note.
Part 3 sets out how a bail decision is to be made by a bail authority.
A bail decision cannot be made if substantive proceedings for the offence have concluded and no further substantive proceedings for the offence are pending before a court.
A bail decision can also be made in respect of a person who is not accused of an offence in the circumstances specified in Schedule 1.
Note.
Schedule 1 provides for the grant of bail where a person is required to appear in proceedings otherwise than because he or she is accused of an offence. In such cases, this Act applies as if the person were accused of an offence.
This Act’s bill:Explanatory memorandumSecond reading speech
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