Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:1_16a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 1 cl 16A
Character Range: 34124–35426

16A  Bail for domestic violence offence
 (1) This section applies to a person accused of a domestic violence offence.
 (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.
 (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).
 (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.
 (5) In this section:
domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).
protected person, in relation to a person accused of a domestic violence offence, means:
 (a) a person against whom the alleged conduct constituting the offence was directed; or
 (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).