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reg 15

Police to give notice of bail decisions for sexual assault and personal violence offences

In force
Part 2Making and variation of bail decisions
Division 3Special provisions for sexual assault and personal violence offences

15 Police to give notice of bail decisions for sexual assault and personal violence offences

(1)

As soon as practicable after a bail decision is made in relation to a sexual assault offence or a personal violence offence, the informant for the offence, if a police officer, must take appropriate steps to ensure notice of the bail decision is given—

(a)

to the alleged victim of the offence, or

(b)

if it is alleged the victim died as a result of the offence—to a close relative of the alleged victim of the offence.

(2)

The notice may be given personally or by post.

(3)

Nothing in this section affects the duty of a bail authority to notify a bail decision to an informant under section 14.

(4)

In this section—

domestic relationship has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

personal violence offence has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007, but includes an offence under the Crimes Act 1900, section 61 or an offence of attempting to commit an offence under the section, only if the accused person has a domestic relationship with the alleged victim of the offence.

sexual assault offence means—

(a)

an offence under the Crimes Act 1900, Part 3, Division 10, other than section 79, 79A, 79B or 80, and

(b)

providing the attempt to commit an offence involves an assault on a person—an offence, whether under section 344A or otherwise, of attempting to commit an offence referred to in paragraph (a).

victim, in relation to an offence under the Crimes (Domestic and Personal Violence) Act 2007, section 14 of contravening a prohibition or restriction specified in an order, means the person for whose protection the order was made.

(5)

In the definition of sexual assault offence in subsection (4), a reference to an offence under the Crimes Act 1900, Part 3, Division 10 is taken to extend to a repealed offence that was contained in the Division if a bail decision relates to the offence.

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Bail Regulation 2021 s 15 — Police to give notice of bail decisions for sexual assault and personal violence offences (New South Wales) — Barrister AI