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1981) applicable to the drug of dependence as defined in that Act constituted by that substance— S. 4(2)(aa) (iii)–(v) repealed by No. 48/1997 s. 48(b). * * * * * unless the court is satisfied that exceptional circumstances exist which justify the grant of bail; S. 4(2)(b) amended by No. 68/2009 s. 97(Sch. item 11.1), repealed by No. 70/2010 s. 7(1), new s. 4(2)(b) inserted by No. 1/2016 s. 4. (b) in the case of a person charged with an offence under section 4B(1) or 21W of the Terrorism (Community Protection) Act 2003 unless the court is satisfied that exceptional circumstances exist which justify the grant of bail; S. 4(2)(c) repealed by No. 20/2004 s. 10. * * * * *
S. 4(2A) inserted by No. 57/1989 s. 4(1)(a), amended by Nos 68/2009 s. 97(Sch. item 11.1), 70/2010 s. 7(2). (2A) A court is not required to refuse bail in the case of an accused who is serving a sentence of imprisonment for some other cause but any bail granted must be subject to the condition that the person will not be released on bail before he or she is entitled to be released under a parole order made, or which may be made, in respect of him or her; (3) In assessing in relation to any event mentioned in subsection (2)(d)(i) whether the circumstances constitute an unacceptable risk the court shall have regard to all matters appearing to be relevant and in particular, without in any way limiting the generality of the foregoing, to such of the following considerations as appear to be relevant, that is to say— (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;
Note to s. 4(4)(c) inserted by No. 63/2014 s. 7(2). Note Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 deals with complicity in commission of offences. 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(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
S. 5 amended by Nos 10087 s. 3(1)(Sch. 1 item 4), 16/1987 s. 12(Sch. 2 item 3(b)), 23/1994 s. 118(Sch. 1 item 4.1(a)(b)), 97/2005 s. 182(Sch. 4 item 4), 68/2009 s. 97(Sch. items 11.1, 11.3, 11.4), 13/2010 s. 51(Sch. item 7), substituted by No. 70/2010 s. 8. 5 Conditions of bail (1) A court considering the release of an accused on bail must impose a condition that the accused will surrender into custody at the time and place of the hearing or trial and then will not depart without leave of the court and, if leave is given, will return at the time specified by the court and again surrender into custody. (2) A court considering the release of an accused on bail must consider the conditions for release in the following order— (a) release of the accused on his or her own undertaking without any other condition; (b) release of the accused on his or her own undertaking with conditions about the conduct of the accused; (c) release of the accused with a surety of stated value or a deposit of money of stated amount, with or without conditions about the conduct of the accused. S. 5(2A) inserted by No. 44/2013 s. 4. (2A) Without limiting subsection (2), a court may impose all or any of the following conditions about the conduct of an accused— (a) reporting to a police station; (b) residing at a particular address; (c) subject to subsection (2B), a curfew imposing times at which the accused must be at his or her place of residence; (d) that the accused is not to contact specified persons or classes of person; Example Witnesses, alleged victims or co-accused. (e) surrender of the accused's passport;
conditions of his bail and the consequences of failure to comply with them. 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. 18(4) inserted by No. 44/2013 s. 5. (4) Without limiting subsection (3), if it is reasonably practicable to do so, an application under this section is to be heard by a court constituted by the same judge or magistrate who heard the previous application for bail. S. 18AA inserted by No. 70/2010 s. 15. 18AA Certain circumstances required before application may be heard (1) A court must not hear an application under section 18 unless— (a) the applicant satisfies the court that new facts or circumstances have arisen since the refusal or revocation of bail; or (b) the applicant was not represented by a legal practitioner when bail was refused or revoked; or (c) the order refusing or revoking bail was made by a bail justice. (2) Nothing in this section derogates from the right of a person in custody to apply to the Supreme Court for bail. S. 18AB inserted by No. 70/2010 s. 15. 18AB Hearing and determination of further application for bail An application under section 18 must be conducted as a fresh hearing and determined in accordance with section 4. S. 18AC inserted by No. 70/2010 s. 15. 18AC Application for variation of bail conditions (1) A person who has been granted bail, whether or not the person is in custody, may apply for variation of the amount of bail or the conditions of bail. (2) The informant or the Director of Public Prosecutions may apply for—
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 Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011 Assent Date: 6.9.11 Commencement Date: S. 6 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 : This information relates only to the provision/s amending the Bail Act 1977 Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012 Assent Date: 18.12.12 Commencement Date: S. 31(1) on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 2 Current State: This information relates only to the provision/s amending the Bail Act 1977 Bail Amendment Act 2013, No. 44/2013 Assent Date: 27.8.13 Commencement Date: 20.12.13: Special Gazette (No. 419) 26.11.13 p. 1 Current State: All of Act in operation Honorary Justices Act 2014, No. 32/2014 Assent Date: 13.5.14 Commencement Date: S. 56 on 1.9.14: s. 2(2) Current State: This information relates only to the provision/s amending the Bail Act 1977 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 8) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Bail Act 1977 Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014