A police officer or 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 for the hearing. Additionally section 5 (2) of the Bail Act requires consideration to be given to each of the conditions for release in the following order:
- release of the accused person on his or her own undertaking without any other condition;
- release of the accused person on his or her own undertaking with conditions about the conduct of the accused;
- release of the accused with a surety of stated value or a deposit of stated value, with or without conditions about the conduct of the accused.
Conditions about the conduct of an accused are at the discretion of the court and may include for example, that the accused report to police, participate in a rehabilitation/treatment program, adhere to a curfew, surrender their passport, not contact prosecution witnesses and/or a requirement to reside at a nominated address.
A condition however may only be imposed in order to reduce the likelihood that the accused may:
- fail to attend the time and place of the hearing; or
- commit an offence while on bail; or
- endanger the safety or welfare of the public; or
- interfere with witnesses or otherwise obstruct the course of justice.
And each condition must be reasonable and no more onerous than is required to achieve its purpose.
Applications for bail may be made at several stages in the criminal process:
- at the police station after arrest and upon being charged;
- when an accused is brought before a Bail Justice or a Magistrates' Court pending the hearing of the charge;
- at the conclusion of a committal hearing in the Magistrates' Court upon being committed to stand trial in the County or Supreme Court;
- in the County or Supreme Court in which an indictable matter is pending;
- pending an appeal after conviction and sentencing; and
- following a successful appeal against conviction and prior to any re-trial being heard.
 Prev |
 Next
|
|
| FORMS OF BAIL | WHO CAN GRANT BAIL? |
Table of Contents
Legislation and Cases
Search The Law Handbook
|
 Printable Version
Glossary of Legal Terms
|
CONDITIONS OF RELEASE ON BAIL :: Last updated: Thu Jul 1st 2010