Bail Regulations 1988

The information set out in Form 1 in the Schedule is prescribed for the purposes of section 8(1)(a) of the Act.

The information set out in Form 9 in the Schedule is prescribed for the purposes of section 37(1)(b) of the Act.

A form referred to in the second column of the table at the foot of this regulation is prescribed for the purposes of the provision or provisions of the Act specified opposite thereto in the first column of the table.

The forms so prescribed are set out in the Schedule.

Form 6 consists of a court copy, a releasing authority’s copy and an accused’s copy as set out in the Schedule.

The form referred to in section 30(2)(b) of the Act may be printed on the reverse of the accused’s copy of Form 6.

Each form in the Schedule may be completed electronically by an approved user by entering the information required to complete the form into the ECMS.

If a hard copy of a form in the Schedule is handed to a court, an officer of the court must enter the information contained in the form into the ECMS.

For the purposes of section 13B(1)(c) of the Act, written notice to the accused under section 13A(3) of the Act may be provided to the accused by —

faxing the notice to a fax number provided by the accused; or

emailing the notice (whether or not as an attachment) to an email address provided by the accused; or

sending the notice by text message to a mobile phone number provided by the accused.

For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 13B(2) of the Act —

may be incorporated in an electronic form of the file copy of the notice to the accused by noting the matters referred to in that subsection on the ECMS in respect of the notice; or

may be associated electronically with the file copy of the notice to the accused by means of the ECMS.

A certificate referred to in section 13B(2) of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —

the certificate is produced by means of the ECMS; and

the name of the person who gave, sent or provided the notice is recorded on the certificate.

If a notice is sent by electronic means in accordance with this regulation the notice is to be presumed, unless the contrary is shown, to have been received —

if the fax, email or text message is sent before 4.00 p.m. on a working day — on that day; or

otherwise — on the next working day after the fax, email or text message is sent.

For the purposes of the definition of the relevant papers in section 27(2) of the Act —

the following papers are to be made available by an authorised officer or a judicial officer who considers the accused’s case for bail —

the form referred to in section 8(1)(b) of the Act;

if section 26(1) of the Act applies — the bail record form;

the following papers are to be made available by a person before whom a bail undertaking has been entered into —

the bail undertaking entered into;

any passbook or document deposited and any document completed by the accused pursuant to a condition imposed under Schedule 1 Part D clause 1(2)(d) or (e) of the Act;

the following papers are to be made available by a person before whom a surety undertaking is entered into —

Form 8 in relation to the surety;

any passbook or document deposited and any document completed by the accused pursuant to a condition imposed under Schedule 1 Part D clause 1(2)(d) or (e) of the Act.

Subregulation (1) does not apply —

if the papers concerned are completed or deposited at the court before which the accused is required to appear; or

in circumstances involving a committal to the Supreme Court or District Court or a change of venue of any proceedings, if the papers concerned are in the custody of the court from which the committal is made or the venue is changed.

A relevant paper made available electronically that is required to be signed by a person is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —

an electronic version of it that includes the signature on it is made available; or

the electronic version that is made available states the name of the person whose signature it is at any place where a signature appears in the paper version.

A person who makes available electronically a relevant paper that is required to be signed must ensure that, subject to any order of the court, arrangements are made for the retention of a paper version of the relevant paper that was —

signed according to law; and

held by the person at the time the paper was made available.

For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 31A(3)(b) of the Act, including any statement referred to in section 31A(4) of the Act, may be incorporated in an electronic form of the court copy of the bail undertaking by an officer of the court noting in the ECMS the relevant matters in respect of the bail undertaking.

A certificate incorporated in a bail undertaking under subregulation (1) is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if the name of the officer of the court who notes the relevant matters in the ECMS is stated on the electronic form of the court copy of the bail undertaking.

For the purposes of section 32(1)(c) of the Act, written notice to the accused under section 31(2) of the Act may be provided to the accused by —

faxing the notice to a fax number provided by the accused; or

emailing the notice (whether or not as an attachment) to an email address provided by the accused; or

sending the notice by text message to a mobile phone number provided by the accused.

For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, the certificate referred to in section 32(2) of the Act —

may be incorporated in an electronic form of the file copy of the notice to the accused by noting the relevant matters in the ECMS in respect of the notice; or

may be associated electronically with the file copy of the notice to the accused by means of the ECMS.

A certificate referred to in section 32(2) of the Act is authenticated for the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10 if —

the certificate is produced by means of the ECMS; and

the name of the person who gave, sent or provided the notice is recorded on the certificate.

If a notice is sent by electronic means in accordance with this regulation, the notice is to be presumed, unless the contrary is shown, to have been received —

if the fax, email or text message is sent before 4.00 p.m. on a working day — on that day; or

otherwise — on the next working day after the fax, email or text message is sent.

For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 11, a certificate referred to in section 32(4) of the Act may be incorporated electronically in the accused’s bail undertaking by noting the relevant matters on an electronic form of the undertaking by means of the ECMS.

This regulation applies if an order is made under section 36(2)(a) of the Act requiring notice of an application for approval as a surety to be given to the prosecutor, except to the extent that the order provides differently.

The surety approval officer must give, or cause to be given, to the prosecutor notice of the application including the name, date of birth, address and occupation of the applicant.

If the prosecutor wishes to make representations to the surety approval officer as to the suitability of the applicant, the prosecutor must make those representations as soon as possible and, in any event, within 24 hours after receiving notice of the application.

Notice of the application may be given, and any representations under subregulation (3) may be made, orally or in writing.

If the prosecutor is a police officer it is sufficient compliance with subregulation (2) for notice of the application to be given to —

a police officer having knowledge of the accused’s case; or

the officer in charge of the police station or lock‑up closest to the place where the surety approval officer is performing his or her duties.