Bail Regulation 2021

For the purposes of the Act, section 44, the bail eligibility information required to be given to a person in police custody charged with an offence must include the following—

an explanation that the accused person is entitled to be granted bail for the offence, or released without bail, unless—

a show cause requirement applies, or

an exceptional circumstances requirement applies, or

there is an unacceptable risk,

if a show cause requirement applies to the offence or offences with which the person has been charged—information to the effect that there is a requirement for the accused person to show cause as to why detention is not justified,

if an exceptional circumstances requirement applies to the offence or offences with which the person has been charged—information to the effect that there is a requirement that bail for the accused person must be refused unless it is established exceptional circumstances exist that justify a decision to grant bail or dispense with bail,

a list of the 4 types of “unacceptable risk” under the Act,

an explanation of the bail decisions that can be made if there are no unacceptable risks,

an explanation of the bail decisions that can be made if the offence is an offence for which there is a right to release.

Note—

The Act, section 22A(2) provides that if a person is charged with an offence that is both subject to that section and a show cause offence, the requirement that the accused person establish exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause detention is not justified.

The information must be given in an approved form.

In this section, exceptional circumstances requirement means the requirement under the Act, section 22A that a bail authority must refuse bail for an offence referred to in the section unless it is established exceptional circumstances exist.