S. 3 def. of bail justice inserted by No. 51/1989 s. 142(a), substituted by No. 35/2002 s. 25(1), amended by No. 70/2010 s. 4(2), repealed by No. 32/2014 s. 56. * * * * * S. 3 def. of bail support service inserted by No. 44/2013 s. 3. bail support service means a service provided to assist an accused to comply with his or her bail undertaking (whether or not that type of service is also provided to persons other than an accused on bail) including, but not limited to— (a) bail support programs; (b) medical treatment; (c) counselling services or treatment services for substance abuse or other behaviour which may lead to commission of offences; (d) counselling, treatment, support or assistance services for one or more of the following— (i) a mental illness; (ii) an intellectual disability; (iii) an acquired brain injury; (iv) autism spectrum disorder; (v) a neurological impairment, including, but not limited to, dementia; (e) services to help resolve homelessness;
S. 3 def. of heroin inserted by No. 89/1986 s. 4(b), repealed by No. 64/1998 s. 4. * * * * * S. 3 def. of parent inserted by No. 1/2016 s. 9. parent has the same meaning as in the Children, Youth and Families Act 2005; S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 8.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3 def. of prison amended by Nos 10087 s. 3(1)(Sch. 1 item 4), 16/1987 s. 4(3)(Sch. 1 item 3), 56/1989 s. 286(Sch. 2 item 2.1), 48/2006 s. 42(Sch. item 4.1). prison includes remand centre or youth justice centre under the Children, Youth and Families Act 2005 and any other place where persons may be detained in legal custody and imprisonment has a corresponding interpretation; S. 3 def. of serious offence inserted by No. 1/2016 s. 6. serious offence means— (a) an offence (other than murder) referred to in the definition of serious offence in section 3(1) of the Sentencing Act 1991; or (b) an offence (other than murder) that, at the time it was committed, was an offence referred to in the definition of serious offence in section 3(1) of the Sentencing Act 1991;
S. 4(1)(a) amended by No. 51/1989 s. 142(c). (a) if it is not practicable to bring him before a bail justice or the Magistrates' Court within 24 hours after he is taken into custody; (b) during any postponement of the hearing of a charge for the offence or whilst he is awaiting trial; or S. 4(1)(c) amended by No. 68/2009 s. 97(Sch. item 11.1). (c) where his case is adjourned by a court for inquiries or a report or whilst he is awaiting sentence except where the court is satisfied that it would not be desirable in the public interest to release the accused pending completion of the inquiries or receipt of the report or pending sentence. (2) Notwithstanding the generality of the provisions of subsection (1) a court shall refuse bail— S. 4(2)(a) substituted by No. 10084 s. 18(1)(a). (a) in the case of a person charged with treason or murder except in accordance with section 13; S. 4(2)(aa) inserted by No. 89/1986 s. 4(c), amended by No. 48/1997 s. 48(b). (aa) in the case of a person charged with— S. 4(2)(aa)(i) amended by No. 48/1997 s. 48(a)(i)(ii), substituted by No. 61/2001 s. 13(1). (i) an offence under section 71, 71AA, 72 or 72A of the Drugs, Poisons and Controlled Substances Act 1981 or an offence of conspiring to commit any of those offences under section 79(1) of that Act; or S. 4(2)(aa)(ia) inserted by No. 35/2002 s. 28(Sch. item 1.1). (ia) an offence of trafficking in relation to a commercial quantity of a drug of dependence under section 71 of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled
Substances (Amendment) Act 2001 or an offence of cultivating a narcotic plant under section 72 of that Act in circumstances where the offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that narcotic plant or an offence of conspiring to commit either of those offences under section 79(1) of that Act; or S. 4(2)(aa)(ii) substituted by No. 64/1998 s. 5, amended by No. 93/2005 s. 13(1)(a)(b). (ii) an offence under section 231(1), 233A or 233B(1) of the Customs Act 1901 of the Commonwealth as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth in circumstances where the offence is committed in relation to narcotic goods within the meaning of that Act in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981) applicable to the drug of dependence constituted by those narcotic goods; or New s. 4(2) (aa)(iii) inserted by No. 93/2005 s. 13(2). (iii) an offence under section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth in circumstances where the offence is committed in relation to a substance in respect of a quantity that is not less than the commercial quantity (as defined in section 70(1) of the Drugs, Poisons and Controlled Substances Act 1981)
(a) the nature and seriousness of the offence; S. 4(3)(b) amended by No. 68/2009 s. 97(Sch. item 11.1). (b) the character, antecedents, associations, home environment and background of the accused; S. 4(3)(ba) inserted by No. 1/2016 s. 5. (ba) whether the accused has expressed publicly support for— (i) a terrorist act or a terrorist organisation; or (ii) the provision of resources to a terrorist organisation; S. 4(3)(c) amended by Nos 84/1997 s. 4(a), 68/2009 s. 97(Sch. item 11.1). (c) the history of any previous grants of bail to the accused; S. 4(3)(d) amended by No. 68/2009 s. 97(Sch. item 11.1). (d) the strength of the evidence against the accused; S. 4(3)(e) inserted by No. 84/1997 s. 4(b), amended by No. 70/2010 s. 7(3)(a). (e) the attitude, if expressed to the court, of the alleged victim of the offence to the grant of bail; S. 4(3)(f) inserted by No. 70/2010 s. 7(3)(b). (f) any conditions that may be imposed to address the circumstances which may constitute an unacceptable risk. S. 4(4) amended by Nos 9158 s. 2, 68/2009 s. 97(Sch. item 11.1). (4) Where the accused is charged— (a) with an indictable offence that is alleged to have been committed while he was at large awaiting trial for another indictable offence;
S. 4(4)(ab) inserted by No. 1/2016 s. 7. (ab) with a serious offence and the accused, as an adult, has within the preceding 5 years been convicted or found guilty of an offence against section 30(1); or S. 4(4)(b) repealed by No. 57/1989 s. 4(1)(b), new s. 4(4)(b) inserted by No. 95/1994 s. 7. (b) with an offence against section 21A(1) of the Crimes Act 1958 (stalking) and— S. 4(4)(b)(i) amended by No. 68/2009 s. 97(Sch. item 11.1). (i) the accused has within the preceding 10 years been convicted or found guilty of an offence against that section in relation to any person or an offence in the course of committing which he or she used or threatened to use violence against any person; or S. 4(4)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 11.1). (ii) the court is satisfied that the accused on a separate occasion used or threatened to use violence against the person whom he or she is alleged to have stalked, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence; or S. 4(4)(ba) inserted by No. 95/1994 s. 7, amended by Nos 52/2008 s. 233, 68/2009 s. 97(Sch. item 11.1), 83/2012 s. 31(1). (ba) with an offence against section 37, 37A, 123, 123A or 125A of the Family Violence Protection Act 2008 of contravening a family violence intervention order or family violence safety notice (as the case requires) in the course of committing which the accused is alleged to have used or threatened to use violence and—
S. 9(3) substituted by No. 9158 s. 3(a), amended by No. 68/2009 s. 97(Sch. item 11.1). (3) Before admitting an accused to bail with a surety or sureties the court or other person authorized by section 27 shall— (a) be satisfied of the sufficiency of the means of the surety or sureties and for this purpose may require the surety or sureties (as the case may be) to— (i) lodge in cash the amount of the bail; or S. 9(3)(a)(ii) amended by Nos 51/1989 s. 142(e), 11/2001 s. 3(Sch. item 5), substituted by No. 70/2010 s. 10(2). (ii) lodge a document that is evidence of the ownership and the value of property or any other asset to the amount of the bail; and Note Examples of documents that may be required are a copy of a certificate of title for the property or a search of the title of the land, a current rate notice that includes a valuation of the property, an independent valuation of the property or a bank statement of a mortgage account in relation to the property. S. 9(3)(b) amended by No. 84/1997 s. 5(1), substituted by No. 70/2010 s. 10(3). (b) require the surety or sureties to make before it or him (as the case may be) an affidavit of justification for bail; and S. 9(3)(c) inserted by No. 70/2010 s. 10(3). (c) require the surety or sureties to sign the undertaking of bail. S. 9(3A) inserted by No. 84/1997 s. 5(2), amended by No. 69/2009 s. 54(Sch. Pt 2 item 6), substituted by No. 70/2010 s. 10(4). (3A) For the purposes of this section— (a) a surety may appear before a court within the meaning of section 3(1) of the Evidence (Miscellaneous Provisions) Act 1958 by audio visual link or audio link in accordance with Part IIA of that Act; or
the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 (as the case requires) shall advise the person in custody that he is entitled, should he so desire, to apply to a bail justice for discharge from custody or for variation of the amount of bail or conditions of bail or shall give to the person a statement in writing setting forth the provisions of this subsection and if the person elects so to apply the police officer, the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014— S. 10(2)(a) amended by No. 51/1989 s. 142(f). (a) shall cause the person to be brought before a bail justice as soon as practicable; S. 10(2)(b) amended by No. 51/1989 s. 142(f). (b) shall cause to be produced before the bail justice the warrant, file or papers referred to in subsection (3); and S. 10(2)(c) amended by No. 51/1989 s. 142(f). (c) shall abide by the decision of the bail justice in relation to that person. S. 10(3) amended by Nos 32/2006 s. 91(3), 37/2014 s. 10(Sch. item 8.2(c)), 47/2014 s. 250(3). (3) A police officer or the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 (as the case requires) refusing to discharge a person from custody under this section shall endorse on the warrant file or papers relating to that person or in any register or record of persons in custody his reasons for refusing to discharge that person from custody. No. 7405 s. 19. 11 Cash deposit as security for penalty S. 11(1) amended by No. 37/2014 s. 10(Sch. item 8.3). (1) Where a person is apprehended for an offence against any of the provisions of sections 13, 14, 16 and 17 of the Summary Offences Act 1966 a police officer of or above the rank of sergeant or for the time being in charge of a police station shall in addition to any power he may have to release such person on bail have power to release
S. 12(1) amended by Nos 84/1997 s. 6(1), 68/2009 s. 97(Sch. item 11.11), 70/2010 s. 11(1)(a)–(c). (1) Where a person is apprehended, whether by virtue of a warrant or otherwise, and brought before a court or bail justice and application is made by or on behalf of the informant to remand the person in custody the court or bail justice before which he is first brought shall either grant bail for the attendance of the person on the day to which he is remanded or shall refuse bail and shall certify on the remand warrant— S. 12(1)(a) amended by No. 70/2010 s. 11(1)(d). (a) where bail is granted—consent to the person being bailed, stating also the amount of any surety or sureties to be required, and any conditions applicable to the release of that person; or (b) where bail is refused—a statement of such refusal and of the grounds for refusal. S. 12(1AA) inserted by No. 1/2016 s. 13(1). (1AA) If a court refuses bail to a child, the court must not remand the child in custody for a period longer than 21 clear days. S. 12(1AB) inserted by No. 1/2016 s. 13(1). (1AB) When a child is brought before a court on the expiry of a period of remand in custody, the court must not remand the child in custody for a further period longer than 21 clear days. S. 12(1A) inserted by No. 84/1997 s. 6(2), substituted by No. 70/2010 s. 11(2). (1A) If a bail justice refuses bail to a person referred to in subsection (1), the bail justice must remand the person in custody to appear before a court— (a) on the next working day; or S. 12(1A)(b) substituted by No. 1/2016 s. 13(2). (b) in the case of a child, if the proper venue of the Children's Court is in a region of the State prescribed under the Children, Youth and Families Act 2005, within 2 working days; or
S. 17(2) amended by No. 68/2009 s. 97(Sch. items 11.1, 11.16). (2) A court admitting an accused to bail with a surety or sureties for his attendance and surrender into custody shall cause to be given to the surety or sureties notice in writing of the obligations of the accused concerning the conditions of his bail and the consequences of his failure to comply with those conditions and shall be satisfied before releasing the accused that the surety or each of the sureties (as the case requires) understands the nature and extent of the obligations of the accused under the conditions of his bail and the consequences of his failure to comply with them. Pt 3 (Heading) inserted by No. 70/2010 s. 14. S. 18 amended by Nos 9158 s. 4, 16/1986 s. 30, 51/1989, s. 142(k)–(o), 57/1989 s. 4(1)(c), 35/1996 s. 453(Sch. 1 item 8.2), 84/1997 s. 7, 68/2009 s. 97(Sch. items 11.1, 11.17), substituted by No. 70/2010 s. 15. 18 Further application for bail where bail refused or revoked (1) An accused who has been refused bail and is in custody pending the hearing or trial of a charge may make a further application for bail. (2) A person whose bail has been revoked under section 18AE or 24(3) may make a further application for bail. (3) Subject to section 144(2)(c) of the Criminal Procedure Act 2009, an application under subsection (1) or (2) is to be made— (a) in the case of a person charged with treason or murder, to the Supreme Court or a judge of the Supreme Court; (b) in any other case, to the court to which the person is remanded to appear.
S. 24(3)(a)(ii) substituted by No. 70/2010 s. 22(1)(b). (ii) if the direction is given by a bail justice, that the person be brought before the court to which the person was required to surrender in answer to his or her bail on the next working day or, if the next working day is not practicable, within 2 working days— or release the person on his or her original undertaking or on a new undertaking with or without sureties; or S. 24(3)(b) substituted by No. 84/1997 s. 8(1). (b) if not of that opinion—shall release the person on his or her original undertaking. S. 24(3A) inserted by No. 1/2016 s. 15. (3A) Despite subsection (3), if a child is arrested under subsection (1) and is brought before a court, the court must not remand the child in custody for a period longer than 21 clear days. S. 24(4) inserted by No. 57/1989 s. 4(1)(e), substituted by No. 70/2010 s. 22(2). (4) The Director of Public Prosecutions may appeal to the Supreme Court in the same manner as is provided in section 18A against a refusal to revoke bail if the Director is satisfied that it is in the public interest to do so. S. 24(5) inserted by No. 84/1997 s. 8(2), amended by No. 70/2010 s. 22(3). (5) If the bail of a person is revoked under subsection (3), the person may apply under section 18 for an order granting bail. S. 24(6) inserted by No. 43/2011 s. 6(5). (6) In this section—
Example to s. 27 inserted by No. 64/2017 s. 28. Example See also sections 9A(1A) and 9CA of the Corrections Act 1986 as to persons who may exercise the powers of a police officer under section 27 of this Act. No. 8731 s. 24. S. 28 amended by No. 68/2009 s. 97(Sch. items 11.1, 11.31). 28 One undertaking may be entered in respect of number of charges Where an accused is taken into custody upon charges for two or more offences he may be admitted to bail upon his entering, together with his sureties (if any), into one undertaking for his attendance at a stated time and place upon all the charges. S. 29 amended by Nos 9554 s. 2(2)(Sch. 2 item 18), 9690 s. 5(1), 9848 s. 18(1)(Sch.), 68/2009 s. 97(Sch. items 11.1, 11.32, 11.33), 70/2010 s. 24, repealed by No. 65/2016 s. 18. * * * * * 30 Failure to answer bail S. 30(1) amended by Nos 68/2009 s. 97(Sch. item 11.34), 1/2016 s. 8. (1) Any person released on bail who fails without reasonable cause, the proof whereof lies upon him, to attend in accordance with his undertaking of bail and surrender himself into custody shall be guilty of an offence against this Act. Penalty: Level 7 imprisonment (2 years maximum). (2) In any proceedings against a person for an offence against this section—
17. An offence against any of the following provisions of Subdivision (8C) of Division 1 of Part I of the Crimes Act 1958 (incest) in circumstances other than where both people are aged 18 or older— (a) section 50C(1) (sexual penetration of a child or lineal descendant); (b) section 50D(1) (sexual penetration of a stepchild); (c) section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent); (d) section 50F(1) (sexual penetration of a sibling or half-sibling). 18. An offence against section 37, 37A, 123 or 123A of the Family Violence Protection Act 2008 of contravening a family violence intervention order or family violence safety notice (as the case requires) in the course of committing which the accused is alleged to have used or threatened to use violence and— (a) the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or (b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order or notice, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence. 19. An offence against section 125A(1) of the Family Violence Protection Act 2008 (persistent contravention of notices and orders). 20. An offence against section 100 of the Personal Safety Intervention Orders Act 2010 of contravening an order in the course of committing which the accused is alleged to have used or threatened to use violence and—