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). (ba) with an offence against section 37 or 123 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. 4(4)(ba)(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 in the course of committing which he or she used or threatened to use violence against any person; or s. 4 S. 4(4)(ba)(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 who is the subject of the order, 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)(bb) inserted by No. 68/2008 s. 63, amended by Nos 68/2009 s. 97(Sch. item 11.1), 53/2010 s. 221(Sch. item 1). (bb) with 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— S. 4(4)(bb)(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 in the course of committing which he or she used or threatened to use violence against any person; or s. 4 S. 4(4)(bb)(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 who is the subject of the order, 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)(c) amended by Nos 9690 s. 2(a), 68/2009 s. 97(Sch. item 11.1). (c) with an offence of aggravated burglary under section 77 of the Crimes Act 1958 or any other indictable offence in the course of committing which the accused or any person acting in concert with the accused is alleged to have used or threatened to use a firearm, offensive weapon, or explosive within the meaning of the said section 77; or S. 4(4)(caa) inserted by No. 10/2003 s. 10. (caa) with an offence of arson causing death under section 197A of the Crimes Act 1958; or
S. 4(4)(ca) inserted by No. 9690 s. 2(b), substituted by No. 10002 s. 8(3), amended by No. 89/1986 s. 4(d)(i)(ii), substituted by No. 61/2001 s. 13(2). (ca) with an offence under section 71AB, 71AC or 72B 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; s. 4 S. 4(4)(cab) inserted by No. 35/2002 s. 28(Sch. item 1.2). (cab) subject to subsection (2)(aa), with an offence of trafficking in 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 or an offence of conspiring to commit either of those offences under section 79(1) of that Act; S. 4(4)(cb) inserted by No. 89/1986 s. 4(e), amended by No. 93/2005 s. 13(3). (cb) subject to subsection (2)(aa), with 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 relation to a commercial or trafficable quantity of narcotic goods within the meaning of that Act; or S. 4(4)(cc) inserted by No. 93/2005 s. 13(4). (cc) subject to subsection (2)(aa), with an offence under section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth; or
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 s. 9 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
(b) may, and if it is not practicable to bring the person arrested before a court within 24 hours after the person is taken into custody, shall, unless the provisions of this Act otherwise require, discharge the person on bail in accordance with this Act. S. 10(2) amended by Nos 51/1989 s. 142(f), 32/2006 s. 91(2)(a)–(c). (2) Where a member of the police force refuses to discharge a person from custody under subsection (1) or the sheriff or a person authorised under section 84(5) of the Infringements Act 2006 refuses to release a person from custody under subsection (1A) or any person held in custody objects to the amount fixed for bail or any condition of bail the member of the police force, the sheriff or a person authorised under section 84(5) of the Infringements Act 2006 (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 member, the sheriff or a person authorised under section 84(5) of the Infringements Act 2006— s. 10 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. 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 (b) if the next working day is not practicable, within 2 working days. S. 12(2) amended by Nos 51/1989 s. 142(g)(i), 68/2009 s. 97(Sch. item 11.12), 70/2010 s. 11(3)(a)–(c). (2) Where a person charged with an indictable offence is committed for trial for the offence the magistrate committing him shall either grant bail for the attendance of the person upon his trial or on a date before trial fixed by the magistrate or shall refuse bail and shall certify on the remand warrant— S. 12(2)(a) amended by Nos 51/1989 s. 142(g)(i)(ii), 70/2010 s. 11(3)(d). (a) where the magistrate grants bail—his or her 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 S. 12(2)(b) amended by Nos 9427 s. 6(1)(Sch. 5 item 7), 51/1989 s. 142(g)(i)(iii). (b) where the magistrate refuses bail—a statement of such refusal and of the grounds for refusal. No. 8731 s. 24. S. 13 amended by No. 9690 s. 3, substituted by No. 10084 s. 18(1)(b). 13 Court may grant bail s. 13 S. 13(1) amended by No. 68/2009 s. 97(Sch. item 11.1). (1) Subject to subsection (2), a court may grant bail to an accused, whether or not that person has attained the age of 21 years.
S. 24(3)(a) substituted by No. 84/1997 s. 8(1), amended by No. 70/2010 s. 22(1)(a). (a) if of the opinion that the person has broken or is likely to break a condition of the undertaking on which the person was admitted to bail—may revoke the bail and remand the person in custody with a direction to the officer in charge of the prison— S. 24(3)(a)(i) amended by No. 68/2009 s. 97(Sch. item 11.28). (i) if the direction is given by a court, that the person be brought before the court at the time when the person is required by the conditions of the bail to attend; or 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(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.
prison officer thereat of or above the rank of senior prison officer and thereupon all the consequences of law shall ensue as if the undertaking had been entered into before the court granting the bail. S. 27(2) inserted by No. 84/1997 s. 9(2). (2) In this section, court official means— (a) in the case of the Supreme Court, the prothonotary or a deputy prothonotary; (b) in the case of the County Court, the registrar or a deputy registrar; (c) in the case of the Magistrates' Court, a registrar or deputy registrar; S. 27(2)(d) inserted by No. 32/2006 s. 91(4). (d) in the case of an infringement warrant within the meaning of the Infringements Act 2006, the sheriff or a person authorised under section 84(5) of that 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 s. 28 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. 29 Notice of trial S. 29(1) amended by Nos 9690 s. 5(1), 9848 s. 18(1), 68/2009 s. 97(Sch. item 11.32(a)), 70/2010 s. 24. (1) Where a person committed for trial is on bail to attend at his trial the Director of Public Prosecutions shall, when a time is fixed for the trial, cause notice in writing to be given—
S. 29(1)(a) amended by No. 68/2009 s. 97(Sch. item 11.1). (a) to the accused; and S. 29(1)(b) amended by No. 68/2009 s. 97(Sch. items 11.1, 11.32(b)). (b) to each of the sureties (if any) for the attendance of the accused— addressed to them at the respective addresses appearing in the undertaking or notified under subsection (2) advising them of the day time and place fixed for the trial. S. 29(2) amended by Nos 9848 s. 18(1), 68/2009 s. 97(Sch. item 11.33). (2) A person on bail for attendance at trial and any surety for the attendance of a person at his trial shall, if he changes his place of residence or business from the place appearing in the undertaking as his address, forthwith notify the Director of Public Prosecutions in writing of the change of address. S. 29(3) substituted by No. 9848 s. 18(1). (3) For the purposes of subsection (2) the address of the Director of Public Prosecutions is the address for the time being prescribed for the purposes of this section. S. 29(4) amended by No. 9554 s. 2(2)(Sch. 2 item 18). (4) Any person who fails to comply with the provisions of subsection (2) shall be guilty of an offence against this Act. 15 penalty units or imprisonment for three months. 30 Failure to answer bail s. 30
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 11) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Bail Act 1977 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 4), (Sch. Pt 2 item 6) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Bail Act 1977 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 7) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Bail Act 1977 Endnotes Personal Safety Intervention Orders Act 2010, No. 53/2010 Assent Date: 7.9.10 Commencement Date: S. 221(Sch. item 1) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 : This information relates only to the provision/s amending the Bail Act 1977 Bail Amendment Act 2010, No. 70/2010 Assent Date: 19.10.10 Commencement Date: Ss 3–26 on 1.1.11: s. 2(3) : This information relates only to the provision/s amending the Bail Act 1977 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes