Nature of bail undertaking and when required
28 Nature of bail undertaking and when required
An accused shall not be released on bail for an appearance in court unless the accused has entered into a bail undertaking for that appearance or is deemed to have done so under section 31(3).
A bail undertaking is an undertaking in writing by an accused in the prescribed form —
that the accused will appear at a time and place specified, or deemed by section 31(3) to be specified, in the undertaking; and
that if the accused fails to appear at that time and place the accused will, as soon as is practicable, appear at the court at which the accused was required to appear, when that court is sitting; and
that the accused will comply with such conditions as may be imposed on the accused under Schedule 1 Part D clause 2; and
that the accused will comply with any home detention condition that may be imposed as a condition on a grant of bail to the accused under Schedule 1 Part D clause 3; and
that the accused will comply with any electronic monitoring condition that must be imposed as a condition on a grant of bail to the accused under Schedule 1 Part E clause 1,
and containing any agreement as to forfeiture of money by the accused which may be required pursuant to clause 1 of Part D.
A bail undertaking for any appearance may be entered into in respect of more than one offence.
The undertakings mentioned in subsection (2)(a) and (b) are, subject to section 34, enforceable under sections 51, 57 and 58.
[Section 28 amended: No. 61 of 1990 s. 9; No. 45 of 1993 s. 12; No. 59 of 2004 s. 141; No. 84 of 2004 s. 82; No. 6 of 2008 s. 18(1); No. 28 of 2024 s. 15.]
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