Section 9 — Decision to release without bail — Bail Act 2013 (New South Wales) — Barrister AI

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Section 9 — Decision to release without bail — Bail Act 2013 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Purpose of Act s 4Definitions s 5Proceedings for an offence s 6Conclusion of proceedings s 7What is bail s 8Bail decisions that can be made s 9Decision to release without bail s 10Decision to dispense with bail s 11Decision to grant or refuse bail s 12Duration of bail s 13Requirement to appear s 14Limitation on entitlement to be at liberty s 15Bail decision to be made in accordance with this Part s 16Flow charts—key features of bail decisions s 16AAccused person to show cause for certain serious offences s 16BOffences to which the show cause requirement applies s 17Assessment of bail concerns s 18Matters to be considered as part of assessment s 19Refusal of bail—unacceptable risk s 20Accused person to be released if no unacceptable risks s 20AImposition of bail conditions s 21Special rule for offences for which there is a right to release s 22General limitation on court’s power to release s 22ALimitation on power to release in relation to terrorism related offences s 22BLimitation regarding bail during period following conviction and before sentencing for certain offences s 22CTemporary limitation on bail for certain young persons in relation to certain serious offences s 22DReview of operation of amendments made by Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025 s 23When bail conditions can be imposed s 24(Repealed)s 25Bail conditions can impose conduct requirements s 26Bail conditions can require security to be provided s 27Bail conditions can require character acknowledgments s 28Bail condition can impose accommodation requirements s 28ABail condition can impose accompaniment requirements s 28BBail condition must impose electronic monitoring for certain offences s 29Limitation on power to impose pre-release requirements s 30Bail conditions may include enforcement conditions s 30ABail conditions must not require electronic monitoring other than under s 28B s 31Rules of evidence do not apply s 32Matters to be decided on balance of probabilities s 33Bail acknowledgment to be given on grant of bail s 34Notice of refusal of bail to be given s 35Notice of variation of bail conditions to be given s 36Information to be provided about bail security agreements s 37Information to be provided about character acknowledgments s 38Reasons for decision to be recorded s 39Power to issue warrant of commitment s 40Stay of release decision if detention sought s 41Limitation on length of adjournments if bail refused s 42Notice required if accused person granted bail remains in custody s 43Police power to make bail decision s 43APolice power to make bail decision—witnesses s 44Bail decision to be made after person is charged s 45Procedures after bail decision is made s 46Duties if bail refused or accused person not released s 47Review of police decision by senior police officer s 48Powers of courts and authorised justices to hear bail applications s 49Accused person may make release application s 50Prosecutor may make detention application s 51Interested person may make variation application s 52Powers of authorised justices to vary court decisions s 53Discretion to make or vary bail decision without bail application s 54Discretion to refuse bail if no application is made s 55Variation of bail decision if accused person remains in custody s 56Discretion to defer decision if accused person is intoxicated s 57Bail conditions not to be varied contrary to court direction s 58Authorised justice must not vary or impose enforcement conditions s 59Meaning of pending proceedings s 60Part applies to bail applications only s 61Power to hear bail application if proceedings are pending in court s 62Power to hear bail application if sentence or conviction appealed s 63Power to hear variation application for own decision s 64Powers specific to Local Court and authorised justices s 65Powers specific to District Court s 66Powers specific to Supreme Court s 67Powers specific to Court of Criminal Appeal s 68Limited powers when proceedings pending in another court s 69Limited powers when decision made by Supreme Court or Court of Criminal Appeal s 70(Repealed)s 70AAuthorised justice must not make bail decision s 71Bail applications to be dealt with expeditiously s 72Application by accused person must be heard on first appearance s 73Discretionary grounds to refuse to hear bail application s 74Multiple release or detention applications to same court not permitted s 75Fresh application to be dealt with as new hearing s 76Regulations relating to bail applications s 77Police officers may take actions to enforce bail requirements s 77ACourts may take action to enforce bail requirement to appear s 78Powers of bail authorities s 79Offence of failing to appear s 80Proceedings for fail to appear offence s 81Giving of directions under enforcement conditions s 82Deposit of bail money or bail security s 83Bail guarantor may apply to be discharged of liability s 84Bail guarantor must not dispose of bail security s 85Revocation of bail if bail security no longer intact s 86Offence of indemnifying bail guarantor s 87Bail guarantor does not have right to arrest s 88Return of bail money and security s 89Restrictions on publication of association conditions s 90Bail for contempt not affected s 91Powers in relation to writs of habeas corpus not affected s 92Time from which accused person is in custody of court s 93Facilitation of proof of bail acknowledgments and decisions s 94Facilitation of proof of failure to appear s 95Exercise of functions of bail authority by appropriate officers s 96Court attendance notices and warrants s 97Proceedings for offences s 98Regulations s 99Court rules s 100(Repealed)s 101Review of Act s 102Review of certain provisions s 1Bail decisions in proceedings for the administration of sentence s 2Bail decisions made under other Acts s 1Definitions s 2Court may make forfeiture order if accused person fails to appear s 3Forfeiture after conviction for offence of failing to appear s 4Persons affected to be notified of forfeiture order s 5Formal objection to confirmation of forfeiture order s 6Hearing of formal objection to confirmation of forfeiture order s 7Hearing of formal objection to automatic forfeiture order s 8Informal objection to forfeiture order s 9When forfeiture order takes effect s 10Effect of forfeiture order s 11Persons affected to be notified that forfeiture order has taken effect s 12Notice of forfeiture order for enforcement s 13Payment of forfeited bail money s 14Application to set aside forfeiture order s 15Hearing of application to set aside forfeiture order s 16Effect of setting aside forfeiture order s 17Appeals s 18Court of Criminal Appeal may authorise other courts to take action s 19Crown is a party to forfeiture proceedings s 1Regulations s 2Definitions s 3Saving of actions taken under 1978 Act s 4Bail undertakings given under 1978 Act s 5Obligations under bail agreements continued s 6Obligations under existing security agreements continued s 7History of compliance with bail under 1978 Act s 8Pending bail applications s 9Multiple release applications to same court not permitted s 10Facilitation of proof of things done under 1978 Act s 11Abolition of common law by 1978 Act not affected s 12Application of amendments s 13Amendments do not constitute change in circumstances s 14Application of amendments s 15Application of amendments s 16Definitions s 17Application of amendments s 18Transition period for private electronic monitoring s 19Definitions s 20Bail decisions made by authorised justices continue in force s 21Bail decisions made by authorised justices s 1Review of operations of amendments made by amendment Act

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s 9

Decision to release without bail

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9 Decision to release without bail

A decision to release a person without bail can be made only by a police officer with power to make that bail decision under this Act.

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