Queensland: Bail Act 1980 (Qld)

Bail Act 1980 An Act to consolidate and amend the law relating to the release of defendants charged with offences and for incidental and other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Bail Act 1980. 3 [Repealed] 4 [Repealed] 5 [Repealed] 6 Definitions In this Act— adjourn includes postpone or reserve a question on a point of law. admit to bail includes grant bail. appeal includes an application for leave to appeal. approved form see section 36C. committal for trial includes a committal for sentence. Commonwealth control order means a control order as defined in the Criminal Code (Cwlth), section 100.1(1). community justice group means— (a) the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4, division 1, for the community of a defendant who is an Aboriginal or Torres Strait Islander person; or (b) a group of persons within the community of a defendant who is an Aboriginal or Torres Strait Islander person, other than a department of government, that is involved in the provision of any of the following— (i) information to a court about Aboriginal or Torres Strait Islander defendants; (ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander defendants; (iii) other activities relating to local justice issues; or (c) a group of persons made up of elders or other respected persons of the defendant's community. conviction includes— (a) a finding of guilt; (b) a finding that a person is not guilty by reason of unsoundness of mind; (c) a conviction of an offence for which an order is made— (ii) requiring the person to perform unpaid community service; or (iii) discharging the person absolutely or conditionally. court includes— (a) a judge or justice, whether sitting in court or acting in another way; and (b) a court exercising appellate jurisdiction; and (c) a justice or justices conducting an examination of witnesses in relation to an indictable offence; and (d) a justice acting under section 15A or conducting a bail proceeding by using video link facilities or audio link facilities under the Justices Act 1886, part 6A. criminal proceeding includes a hearing, trial or appeal in relation to an offence. defendant means a person charged with or convicted of an offence and includes such a person who is a party to an appeal. defendant's community, in relation to a defendant who is an Aboriginal or Torres Strait Islander person, means the defendant's Aboriginal or Torres Strait Islander community, whether it is— (a) an urban community; or (b) a rural community; or (c) a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991. deputy director of public prosecutions means, where the charge out of which a prosecution arises is a charge for an offence against the laws of the Commonwealth, the deputy director of public prosecutions in Queensland. family relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 19. hearing means a proceeding before a court or judge or before any justice or justices dealing summarily with a charge of a simple offence or conducting an examination of witnesses in relation to an indictable offence or a proceeding wherein a person is to be sentenced and includes a proceeding wherein a person is charged with an offence on indictment whether or not the person has been called upon to plead to that indictment. informal care relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 20. judge includes a District Court judge. lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State. offence includes an alleged offence. police establishment means a police establishment under the Police Service Administration Act 1990. precincts, of a court, means any land or building, or the part of any land or building, used for the purposes of the court. prison includes any institution or place at which a child is detained pursuant to the Youth Justice Act 1992 and any other place where persons may be detained in lawful custody. proper officer, when used in relation to a court, means— (a) in the case of the Supreme Court or the District Court—the registrar or any sheriff or deputy sheriff; or (b) in the case of a Magistrates Court—the clerk of the court. simple offence means an offence (whether or not indictable) punishable on summary conviction before a Magistrates Court by fine, imprisonment or otherwise. SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999. surrender into custody, when used in relation to a defendant who is— (a) on bail; or (b) permitted to go at large without bail; means surrender into the custody of the court at the time and place for the time being appointed for the defendant to do so. terrorism offence means— (a) a terrorism offence under the Crimes Act 1914 (Cwlth); or (b) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 (Cwlth), sections 6 to 9; or (c) an offence against the Terrorism (Community Protection) Act 2003 (Vic), section 4B; or (d) an offence against the Crimes Act 1900 (NSW), section 310J; or (e) an offence against the Criminal Law Consolidation Act 1935 (SA), section 83CA; or (f) another offence against a provision of a law of the Commonwealth or another State if the provision— (i) is prescribed by regulation; and (ii) is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act. terrorist act see the Police Powers and Responsibilities Act 2000, section 211. trial means a proceeding wherein a person is charged with an offence on indictment and includes a proceeding wherein a person is to be sentenced. undertaking means a promise in writing with respect to bail signed by a defendant or by a defendant and the defendant's surety or sureties that the defendant will appear at a hearing or an adjourned hearing or upon the defendant's trial or an appeal and surrender into custody and comply with such other conditions as are imposed for the defendant's release on bail. vary, when used in relation to bail, means impose further conditions after bail is granted, alter, amend or rescind conditions or alter the amount of bail. watch-house manager means a watch-house manager under the Police Powers and Responsibilities Act 2000. 6A Delegation of powers by proper officer (1) A proper officer may delegate the proper officer's powers under this Act to an officer of the public service (an officer) mentioned in subsection (2) if the officer is a justice. (2) If the proper officer is— (a) the sheriff—the powers may be delegated to an officer employed in the sheriff's office or Magistrates Court registry; or (b) the registrar—the powers may be delegated to an officer employed in the District Court registry or Magistrates Court registry; or (c) the clerk of the court—the powers may be delegated to an officer employed in the Magistrates Court registry. Part 2 Grant and enlargement of bail and other release 7 Power of police officer to grant bail (1) This section applies if— (a) a person, who has been arrested in connection with a charge of an offence, or under a warrant issued under the Penalties and Sentences Act 1992, section 33AC, is delivered into the custody of a police officer who is— (i) the officer-in-charge of a police station or police establishment; or (ii) a watch-house manager; and (b) the person is not detained under the Police Powers and Responsibilities Act 2000, chapter 15, part 2; and (c) a prescribed police officer is satisfied it is not practicable to bring the person before a court promptly; and (d) the person is an adult. (2) The prescribed police officer must investigate whether or not the person may be granted bail by the officer under this Act. Notes— 1 See section 13 for when only particular courts may grant a person bail. 2 See section 16 for when the prescribed police officer must refuse to grant a person bail. (3) If the prescribed police officer is satisfied the person may be granted bail by the officer under this Act, the officer must— (a) grant bail to the person and release the person from custody; or (b) issue and serve on the person a notice to appear and release the person from custody. (4) A person granted bail and released in accordance with this section shall be released— (a) pursuant to section 14; or (b) on conditions for the person's release made by the police officer pursuant to section 11. Note— For the release of a person on bail subject to a special condition imposed under section 11(2) requiring the person to surrender the person's current passport, see section 11AA. (5) If the prescribed police officer refuses to grant bail to a person under this section, the officer must write the officer's reasons for the refusal— (a) on the papers relating to the person; or (b) on the warrant; or (c) in a register or record of persons in custody. (6) The keeping of the person in custody is not unlawful only because of a failure to comply with subsection (5). (7) A grant of bail to a person under this section, the issuing and serving on a person of a notice to appear and the person's release from custody thereon discharges the duty of taking that person before a justice to be dealt with according to law. (8) A court before which a person granted bail pursuant to this section appears may enlarge, vary or revoke bail so granted. (9) In this section— notice to appear see the Police Powers and Responsibilities Act 2000, schedule 6. officer-in-charge, of a police station or police establishment, includes a police officer nominated by the officer-in-charge of the police station or police establishment as the officer-in-charge of the police station or police establishment during the officer-in-charge's absence. prescribed police officer, in relation to a person in custody, means— (a) if the person is in custody at a police station or police establishment—the officer-in-charge of the police station or police establishment; or (b) if the person is in custody at a watch-house— (i) the watch-house manager; or (ii) another police officer whose duties include performing functions at the watch-house in relation to persons in custody. 8 Power of court as to bail (1) A court, subject to this Act— (a) may grant bail to a person held in custody on a charge of or in connection with an offence if— (i) the person is awaiting a criminal proceeding to be held by that court in relation to that offence; or (ia) the court is a Magistrates Court and the person is awaiting an appeal under the Justices Act 1886, section 222 to be held in the District Court; or (ii) the court has adjourned the criminal proceeding; or (iii) the court has committed or remanded the person in the course of or in connection with a criminal proceeding to be held by that court or another court in relation to that offence; and (b) may enlarge, vary or revoke bail so granted. Notes— 1 If the court is a Magistrates Court, see the Justices Act 1886, part 6A, for provisions about the use of video link facilities or audio link facilities for proceedings, including bail proceedings. 2 The provisions about the sexual assault counselling privilege in the Evidence Act 1977, part 2, division 2A apply in relation to bail proceedings. (2) A person in custody on a charge of or in connection with an offence who is not granted bail or released under section 11A must, unless the person has been sentenced for that offence, be remanded in custody. (3) Save where this Act or any other Act otherwise provides, an enlargement of bail may, if the court thinks fit, be granted in the absence of the defendant. (4) A person to whom bail is granted shall not be released from custody while the person is, for any other cause, being lawfully held in custody. (5) The powers of the Court of Appeal with respect to bail may be exercised by a judge of the Supreme Court in the same manner as they may be exercised by the Court of Appeal, but, if the judge refuses an application with respect to bail, the person making the application may apply to the Court of Appeal and that court shall hear and determine the application. 9 Duty of court to grant bail in certain cases Where a person held in custody on a charge of an offence of which the person has not been convicted appears or is brought before a court empowered by section 8 to grant bail to the person in relation to that offence, the court shall, subject to this Act, grant bail to that person or enlarge or vary bail already granted to the person in relation to that offence. 10 General powers as to bail (1) The Supreme Court or a judge thereof may, subject to this Act, grant bail to a person held in custody on a charge of an offence, or in connection with a criminal proceeding, or enlarge, vary or revoke bail granted to a person in or in connection with a criminal proceeding whether or not the person has appeared before the Supreme Court in or in connection therewith. (2) Notwithstanding that a person has been given in charge to the jury in connection with the person's trial commenced in the Supreme Court or the District Court the trial judge may in the trial judge's discretion exercise the powers conferred on a court by section 8(1) to grant bail to that person or to enlarge, vary or revoke bail already granted to the person. (3) A decision as to bail made in accordance with subsection (2) by a trial judge shall be final and, notwithstanding this Act, a defendant in respect of whom such decision has been made shall not have the right to make a further application for bail in relation to the custody in which the defendant is then held. 10A No court fee payable for making application to Supreme Court No fee is payable to an office of the Supreme Court for the making of an application for bail to the Supreme Court or a judge of the court. 10B No costs order (1) A court may not make any order concerning costs in a bail proceeding. (2) It does not matter whether the bail proceeding started, or the relevant offence was committed, before or after the commencement of this section. (3) In this section— bail proceeding includes— (a) an application under this Act; and (b) an application to grant, enlarge, vary or revoke bail under another Act; and (c) an appeal to the Court of Appeal from an order made on an application mentioned in paragraph (a) or (b). 11 Conditions of release on bail (1AA) This section applies in relation to a person who is an adult. (1) A court or police officer authorised by this Act to grant bail shall consider the conditions for the release of a person on bail in the following sequence— (a) the release of the person on the person's own undertaking without sureties and without deposit of money or other security; (b) the release of the person on the person's own undertaking with a deposit of money or other security of stated value; (c) the release of the person on the person's own undertaking with a surety or sureties of stated value; (d) the release of the person on the person's own undertaking with a deposit of money or other security of stated value and a surety or sureties of stated value; but shall not make the conditions for a grant of bail more onerous for the person than those that in the opinion of the court or police officer are necessary having regard to the nature of the offence, the circumstances of the defendant and the public interest. (2) Where a court or a police officer authorised by this Act to grant bail considers that the imposition of special conditions is necessary to secure that a person— (a) appears in accordance with the person's bail and surrenders into custody; or (b) while released on bail does not— (i) commit an offence; or (ii) endanger the safety or welfare of members of the public; or (iii) interfere with witnesses or otherwise obstruct the course of justice whether in relation to the person or another person; Examples of special conditions for paragraph (b)(ii)— • a special condition that prohibits a person from associating with a stated person or a person of a stated class • a special condition that prohibits a person from entering or being in the vicinity of a stated place or a place of a stated class that court or police officer shall impose such conditions as the court or police officer thinks fit for any or all of such purposes. (3) Without limiting subsection (2), a special condition may prohibit a person from doing, or attempting to do, any of the following while the person is released on bail— (a) entering or remaining in stated licensed premises or a stated class of licensed premises; (b) entering or remaining in, during stated hours, a stated area that is designated by its distance from, or location in relation to, the stated licensed premises or stated class of licensed premises mentioned in a special condition imposed under paragraph (a); Examples of special conditions for paragraph (b)— • a special condition that prohibits a person from entering or remaining in, between the hours of 10p.m. and 6a.m., an area that is within 10m of stated licensed premises mentioned in a special condition imposed under paragraph (a) • a special condition that prohibits a person from entering or remaining in, between the hours of 11p.m. and 5a.m., a stated street, or an area abutting several stated streets, that is located near stated licensed premises mentioned in a special condition imposed under paragraph (a) • a special condition that prohibits a person from entering or remaining in, between the hours of 11p.m. and 5a.m., the safe night precinct under the Liquor Act 1992 in which the stated licensed premises mentioned in a special condition imposed under paragraph (a) are located (c) attending or remaining at a stated event, to be held in a public place, at which liquor will be sold for consumption. (3A) In considering the imposition of special conditions under subsection (2), the court or police officer must consider the likely effect a condition would have on the defendant's ability to carry out the defendant's responsibilities for— (a) a person with whom the defendant is in a family relationship and for whom the defendant is the primary caregiver; or (b) a person with whom the defendant is in an informal care relationship; or (c) if the defendant is pregnant—the child of the pregnancy. Examples of responsibilities— • transporting a child to an appointment, childcare or school • attending a medical appointment in relation to a pregnancy • cultural obligations to a family member (4) A court or a police officer authorised by this Act to grant bail for the release of a person must consider the imposition of a special condition mentioned in subsection (3) if— (a) the alleged offence to which the bail relates involved the use, threatened use or attempted use of unlawful violence to another person or property; and (b) having regard to the evidence available to the court or the police officer, the court or the police officer is satisfied that the alleged offence was committed in licensed premises or in a public place in the vicinity of licensed premises. (4AA) If bail for a person is subject to a special condition mentioned in subsection (3)— (a) for bail that is granted by a police officer at a police station, watch-house or police establishment (each a relevant place)—a police officer may detain and photograph the person at the relevant place for the purposes of the Police Powers and Responsibilities Act 2000, chapter 19, part 5B; or (b) otherwise—the court may impose a condition that requires the person to report to a police station within 48 hours after bail is granted to be photographed under the Police Powers and Responsibilities Act 2000, chapter 19, part 5B. (4A) A court or a police officer authorised by this Act to grant bail for the release of a person who is not an Australian citizen or permanent resident must consider the imposition of a special condition under subsection (2)— (a) requiring the person to surrender the person's current passport; and (b) prohibiting the person from applying for a passport. (5) Conditions imposed pursuant to subsection (2) shall not be more onerous for the person than those that in the opinion of the court or police officer are necessary having regard to the nature of the offence, the circumstances of the defendant and the public interest. (6) If a court that grants bail on an adjournment of a hearing or while the defendant is awaiting trial considers an investigation ought to be made into the defendant's physical or mental condition, the bail may be made subject to a condition that the defendant undergo medical examination— (a) by a doctor at a specified institution or place other than a high security unit under the Mental Health Act 2016; or (b) by a specified doctor. (7) However, bail may be made subject to a condition that the defendant undergo a medical examination only if the proposed examination is an examination the defendant could lawfully be required to undergo if the defendant remained in custody. (8) If bail is subject to a condition mentioned in subsection (6), the court must arrange for a statement containing the following matters to be given to the institution, place or doctor— (a) the reasons for the investigation; (b) the information before the court about the defendant's physical or mental condition. (9) Without limiting a court's power to impose a condition on bail under another provision of this section, a Magistrates Court may impose on the bail a condition that the defendant participate in a rehabilitation, treatment or other intervention program or course, after having regard to— (a) the nature of the offence; and (b) the circumstances of the defendant, including any benefit the defendant may derive by participating in the program or course; and (c) the public interest. Notes— 1 The defendant does not commit an offence against section 29 by breaking the condition. See section 29(2)(b). 2 Section 30 sets out the procedures for varying the defendant's bail if the condition is broken or is likely to be broken. (9A) Section 11AB also provides for a condition requiring completion of a Drug and Alcohol Assessment Referral course that may be imposed on a person's release on bail in particular circumstances. (9B) Without limiting a court's power to impose a condition on bail under another provision of this section, a court may impose on the bail a condition that the defendant wear a monitoring device while the defendant is released on bail. (9C) If bail for a person is subject to a condition mentioned in subsection (9B), the court may impose any other condition the court considers necessary to facilitate the operation of the monitoring device. Examples of conditions a court may consider necessary to facilitate the operation of a monitoring device required to be worn by a defendant— • a condition that requires the defendant to attend at a stated place to be fitted with the monitoring device • a condition that requires the defendant to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order • a condition that requires the defendant to permit a police officer to enter stated premises to install equipment necessary for the operation of the monitoring device • a condition that requires the defendant to permit a police officer to take stated and other reasonable steps to ensure the monitoring device and any equipment necessary for the operation of the monitoring device are, or remain, in good working order • a condition that requires the defendant to comply with a direction given by a police officer that is reasonably necessary for the operation of the monitoring device (10) In this section— Australian citizen see the Australian Citizenship Act 2007 (Cwlth), section 4. monitoring device means an electronic device capable of being worn, and not removed, by a person for the purpose of the Queensland police service, or the chief executive of the department in which the Corrective Services Act 2006 is administered, finding or monitoring the geographical location of the person. permanent resident means— (a) the holder of a permanent visa within the meaning of the Migration Act 1958 (Cwlth), section 30(1); or (b) a New Zealand citizen who is the holder of a special category visa within the meaning of the Migration Act 1958 (Cwlth), section 32. 11AA Release of a person only after surrender of passport (1) This section applies if a court or a police officer authorised by this Act or the Youth Justice Act 1992 to grant bail imposes a special condition under section 11(2), or a condition under the Youth Justice Act 1992, section 52A, requiring the person to surrender the person's current passport. (2) If the condition is imposed by a court, the court must order that the person be detained in custody until the passport is surrendered. (3) If the condition is imposed by a police officer, the person must be detained in custody until the passport is surrendered. 11AB Condition requiring completion of DAAR course (1) This section applies to a court authorised by this Act to grant bail for the release of a person. (2) If the person consents to completing a DAAR course, the court may impose a condition for the person's release that the person complete a DAAR course by a stated day. Notes— 1 The person does not commit an offence against section 29 by breaking the condition. See section 29(2)(b). 2 Section 30 sets out the procedures for varying the person's bail if the condition is broken or is likely to be broken. (3) In deciding whether to impose the condition, the court must have regard to the following— (a) the nature of the offence in relation to which bail is proposed to be granted; (b) the person's circumstances, including any benefit the person may derive by completing a DAAR course; (c) the public interest. (4) However, subsection (2) does not apply if— (a) the person has completed 2 DAAR courses within the previous 5 years; or (b) the person is under 18 years; or (c) section 11A applies. (5) This section does not limit the conditions the court may impose under section 11. (6) In this section— approved provider means an entity approved by the chief executive (health) by gazette notice to provide DAAR courses. chief executive (health) means the chief executive of the department in which the Medicines and Poisons Act 2019 is administered. DAAR stands for Drug and Alcohol Assessment Referral. DAAR course means a course provided to a person by an approved provider in which— (a) the person's drug or alcohol use is assessed; and (b) the person is given information about appropriate options for treatment and may be offered counselling or education. 11A Release of a person with an impairment of the mind (1) This section applies if a police officer or court authorised by this Act or the Youth Justice Act 1992 to grant bail considers— (a) a person held in custody on a charge of or in connection with an offence is, or appears to be, a person with an impairment of the mind; and (b) the person does not, or appears not to, understand the nature and effect of entering into an undertaking under section 20; and (c) if the person understood the nature and effect of entering into the undertaking, the person would be released on bail. (2) The police officer or court may release the person without bail by— (a) releasing the person into the care of another person who ordinarily has the care of the person or with whom the person resides; or (b) permitting the person to go at large. (3) A person's release is on condition the person will surrender, at the time and place stated in the notice under section 11B, into the custody of the court stated in the notice. (4) If the person surrenders into the custody of the court stated in the notice, the court may release the person again under subsection (2). (5) A court authorised by this Act or the Youth Justice Act 1992 to grant bail may revoke a release. (6) A person's release by a police officer discharges any duty to take the person before a justice to be dealt with according to law. (7) In this section— person with an impairment of the mind means a person who has a disability that— (a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and (b) results in— (i) a substantial reduction of the person's capacity for communication, social interaction or learning; and (ii) the person needing support. 11B Release notice (1) This section applies if a person is released under section 11A, whether for the first time or because of section 11A(4). (2) The police officer or court releasing the person must give the person a notice in the approved form stating— (a) the person's name and place of residence; and (b) the charge on which or the offence in connection with which the person was in custody; and (c) if the person is released into the care of another person, the other person's name and place of residence; and (d) the court into whose custody the person is required to surrender as a condition of release; and (e) the time and place the person is required to surrender into the court's custody. (3) The notice must also include a warning that a warrant will be issued for the person's arrest if the person fails to surrender into the court's custody at the time and place stated. (4) If the person is released into the care of another person, the police officer or court must also give the other person a copy of the notice. 12 Restriction on publication of information, evidence and the like given in bail application (1) Where the complainant or prosecutor or a person appearing on behalf of the Crown opposes a defendant's release under this part or the Youth Justice Act 1992, part 5, the court, at any time during the hearing of the application for bail, may make an order directing that the evidence taken, the information furnished, the representations made by or on behalf of either party or the reasons given by the court for the grant or refusal of bail or release under section 11A or any part thereof or any of them shall not be published by any means— (a) if an examination of witnesses in relation to an indictable offence is held—before the defendant is discharged; or (b) if the defendant is tried or committed for trial—before the trial is ended. (2) A person who fails without lawful excuse, the proof of which lies upon the person, to comply with an order made under subsection (1) commits an offence against this Act. Maximum penalty—10 penalty units or imprisonment for 6 months. 13 When only particular courts may grant bail (1) Only the Supreme Court or a judge of the Supreme Court may grant bail to a person charged with an offence under the Criminal Code if, on conviction— (a) for an adult—the sentencing court must decide which of the following sentences to impose on the person— (i) imprisonment for life, which can not be mitigated or varied under the Criminal Code or any other law; (ii) an indefinite sentence under the Penalties and Sentences Act 1992, part 10; or (b) for a child—the sentencing court would have to decide which of the sentences mentioned in paragraph (a) to impose on the person if the person were an adult. Note— See also the Youth Justice Act 1992, section 59 for when a Childrens Court judge, within the meaning of that Act, may grant bail to a child despite this subsection. (2) Only a court may grant bail to a person who— (a) has previously been convicted of a terrorism offence; or (b) is or has been the subject of a Commonwealth control order. (3) For subsection (2)— convicted, of an offence, means found guilty of the offence by a court, on a plea of guilty or otherwise, whether or not a conviction is recorded. court does not include a justice or justices. 14 Release of persons apprehended on making deposit of money as security for appearance (1) This section applies if— (a) a person, who has been arrested in connection with a charge of an offence, other than an indictable offence or an offence mentioned in the schedule, is delivered into the custody of a police officer who is— (i) the officer-in-charge of a police station or police establishment; or (ii) a watch-house manager; and (b) the person has not first appeared before a justice in relation to the offence; and (c) the police officer is satisfied the person can not be taken promptly before a court. (1A) If the police officer considers it appropriate, the police officer may grant bail to the person and release the person from custody on the person making a deposit of money as security for the person's appearance before a court on the day and at the time and place notified to the person under this section. Notes— 1 See also section 13 for when only particular courts may grant a person bail. 2 See also section 16 for when a police officer must refuse to grant bail. (1B) If either of the following happens, the police officer may release the person without bail— (a) a person charged with being drunk in a public place is released into the care of a person at a place of safety under the Police Powers and Responsibilities Act 2000, section 378; (b) a person charged with a minor drugs offence within the meaning of the Police Powers and Responsibilities Act 2000, section 378B is given a drug diversion warning, or signs a drug diversion agreement, under that Act. (2) The police officer who accepts a deposit of money from a person and grants bail to the person under subsection (1A) or the Youth Justice Act 1992, part 5— (a) shall cause a bench charge sheet to be completed with the following particulars and kept at the police establishment or watch-house— (i) the name, place of residence and occupation of the person; (ii) a short statement of the offence; (iii) the amount of the deposit of money; (iv) the day, time and place appointed for the person's appearance before the court or justice and the court or justice before which or whom the person is required to appear; and (b) must give the person a notice in the approved form that includes the particulars required under a regulation. (3) The police officer who accepts a deposit of money from a person and grants bail to the person at a place other than a place for holding Magistrates Courts and thereupon releases the person from custody shall cause the bench charge sheet referred to in subsection (2)(a) to be forwarded to the clerk of the court at the place where that person is required to appear. (4) Without limiting subsection (3), the bench charge sheet may be forwarded by electronic communication. (5) Where a person granted bail and released from custody pursuant to this section fails to appear before a court or justice in accordance with the bail, the court or justice shall, subject to subsections (7) and (9), order the forfeiture of the deposit of money made by the person in connection with the bail. Note— If an order is made under this subsection, an order may also be made under the Justices Act 1886, section 150A to end the complaint in relation to the matter for which the person was granted bail. (6) Where a person granted bail and released from custody pursuant to this section appears before a court or justice in accordance with the bail, the court or justice shall order that the amount of the deposit of money paid by the person be refunded to the person unless the court or justice orders that the amount or a part thereof be applied in or towards payment of any penalty or costs imposed or awarded or unless, where the hearing is adjourned and the person is permitted to go at large without bail, the court or justice orders that the amount or a part thereof be applied as security for the person's appearance at the time and place to which the hearing is adjourned or to be determined (which the court or justice is hereby empowered to do) whereupon, in the latter case, if the person fails to appear at the time and place to which the hearing is adjourned or that has been determined the court or justice shall deal with the deposit of money in accordance with subsection (5) and that subsection shall apply and extend accordingly. (7) Where a person granted bail and released from custody pursuant to this section does not appear in accordance with the bail but the person's lawyer applies to the court or justice for an adjournment of the hearing and the court or justice grants the adjournment, the court or justice may, in lieu of ordering the amount of the deposit of money to be forfeited, order that the amount or a part thereof be applied as security for the person's appearance at the time and place to which the hearing is adjourned or to be determined or permit the person to go at large without bail. (7A) If the person fails to appear at the time and place appointed or determined for the continuation of the hearing in accordance with the bail the court or justice shall deal with the deposit of money in accordance with subsection (5) and that subsection shall apply and extend accordingly. (8) Subsections (6) to (7A) apply in relation to the proceedings before a court or justice at all times and places to which the hearing is, from time to time, adjourned. (9) Where a person has been granted bail and released thereon after making a deposit of money as security for the person's appearance and the hearing is adjourned pursuant to subsection (7) to a time and place to be determined and that person does not appear at the time and place so determined, steps shall not be taken to forfeit such deposit of money unless the court or justice is satisfied that reasonable notice of the time and place so determined has been given to the person. (10) This section does not prejudice or in any way affect— (a) the powers of a court or justice with respect to adjournments or the issue of warrants of apprehension; or (b) the operation of any Act relating to the forfeiture of bail. 14A Magistrates Courts may grant cash bail or permit to go at large (1) Where a Magistrates Court adjourns the hearing of a charge of an offence other than an indictable offence or an offence specified in the schedule, the court (whether or not the defendant is already on bail) may— (a) grant bail to the defendant and, in lieu of ordering the defendant to enter into an undertaking, order that the defendant be released from custody on making a deposit of money with the clerk of the court as security that the defendant will surrender into custody; or (b) permit the defendant to go at large without bail on the condition that the defendant will surrender into custody. Notes— 1 See also sections 16 and 16A for when a court must refuse to grant bail. 2 See also the Youth Justice Act 1992, part 5 for the releasing of a child in custody in connection with a charge of an offence. (1A) However, the Magistrates Court must not permit the defendant to go at large without bail under subsection (1)(b) if bail must be refused under section 16A. Note— See also the Youth Justice Act 1992, part 5 for the releasing of a child in custody in connection with a charge of an offence. (2) Where— (a) a person accepts a deposit of money from a defendant pursuant to subsection (1)(a), that person; or (b) a Magistrates Court permits a defendant to go at large pursuant to subsection (1)(b), the clerk of the court; must give the defendant a notice in the approved form that includes the particulars required under a regulation. (3) Where a defendant granted bail pursuant to this section and released from custody fails to surrender into custody, the court shall, subject to subsections (5) and (7), order the forfeiture of the deposit of money made by the defendant in connection with the bail. (4) Where a defendant granted bail pursuant to this section and released from custody surrenders into custody, the court shall order that the amount of the deposit of money paid by the defendant be refunded to the defendant unless— (a) it orders that the amount or a part thereof be applied in or towards payment of any penalty or costs imposed or awarded; or (b) where the hearing is adjourned and the defendant is permitted to go at large without bail, the court orders that the amount or a part thereof be applied as security that the defendant will surrender into custody. (4A) In the case specified in subsection (4)(b), if the defendant fails to surrender into custody the court shall deal with the deposit of money in accordance with subsection (3) and that subsection shall apply and extend accordingly. (5) Where a defendant granted bail pursuant to this section and released from custody fails to surrender into custody but the defendant's lawyer applies to the court for an adjournment of the hearing and the court grants the adjournment, the court may— (a) in lieu of ordering the amount of the deposit of money to be forfeited, order that the amount or a part thereof be applied as security that the defendant will surrender into custody; or (b) permit the defendant to go at large without bail on the condition that the defendant will surrender into custody. (5A) Where an order is made under subsection (5)(a) and the defendant fails to surrender into custody the court shall deal with the deposit of money in accordance with subsection (3) and that subsection shall apply and extend accordingly. (6) Subsections (4) to (5A) apply in relation to proceedings before a Magistrates Court at all times and places to which the hearing is adjourned. (7) Where a defendant has been granted bail and released thereon after making a deposit of money as security that the defendant will surrender into custody and the hearing is adjourned pursuant to subsection (5) to a time and place to be determined and the defendant fails to surrender into custody the court shall not make an order forfeiting the deposit of money unless it is satisfied that reasonable notice of the time and place so determined has been given to the defendant. 15 Procedure upon application for bail (1) In a proceeding about the release of a person under this part or the Youth Justice Act 1992, part 5— (a) the court may, subject to paragraph (b), make such investigations on oath or otherwise of and concerning the defendant as the court thinks fit; and (b) the defendant shall not be examined or cross-examined by the court or any other person as to the offence with which the defendant is charged and no inquiry shall be made of the defendant as to that offence; and (c) the complainant or prosecutor or any person appearing on behalf of the Crown may submit, in addition to other relevant evidence, evidence by affidavit or otherwise— (i) to prove that the defendant— (A) has been convicted previously of an indictable offence; and (B) has been charged with and is awaiting trial on an indictable offence; and (C) has failed previously to appear in accordance with the defendant's undertaking and surrender into custody; or (ii) to show the circumstances of the offence particularly as they relate to the probability of conviction of the defendant; and (d) the court shall take into consideration such relevant matters as are agreed upon by the complainant or prosecutor and the defendant or the defendant's lawyer; and (e) the court may receive and take into account evidence of any kind that it considers credible or trustworthy in the circumstances; and (f) if the defendant is an Aboriginal or Torres Strait Islander person—the court may receive and take into account any submissions made by a representative of the community justice group in the defendant's community, including, for example, about— (i) the defendant's relationship to the defendant's community; or (ii) any cultural considerations; or (iii) any considerations relating to programs and services in which the community justice group participates. (2) If required by a court for subsection (1)(f), a representative of the community justice group in the defendant's community must advise the court whether— (a) any member of the community justice group that is responsible for the submission is related to the defendant or the victim; or (b) there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the defendant or victim. 15A Conduct of proceeding by Magistrates Court outside district or division (1) This section applies if— (a) a Magistrates Court (the original court) has jurisdiction under this Act or another Act to hear a bail proceeding; and (b) a practice direction made by the Chief Magistrate provides for a bail proceeding to be heard by an alternative court under this section. (2) The bail proceeding may be heard by the alternative court under an Act mentioned in subsection (1)(a) as if the alternative court— (a) had jurisdiction to hear the bail proceeding; and (b) were the original court for the purpose of that Act. (3) In hearing the bail proceeding, the alternative court may make any order for the disposition of the charge the court considers necessary. (4) In this section— alternative court means a Magistrates Court for a district or division outside the district or division in which the bail proceeding would otherwise be required to be heard. 15B [Repealed] 16 Refusal of bail generally (1AA) This section applies in relation to a defendant who is an adult. (1) Notwithstanding this Act, a court or police officer authorised by this Act to grant bail shall refuse to grant bail to the defendant if the court or police officer is satisfied— (a) that there is an unacceptable risk that the defendant if released on bail— (i) would fail to appear and surrender into custody; or (ii) would while released on bail— (A) commit an offence; or (B) endanger the safety or welfare of a person who is claimed to be a victim of the offence with which the defendant is charged or anyone else's safety or welfare; or (C) interfere with witnesses or otherwise obstruct the course of justice, whether for the defendant or anyone else; or (b) that the defendant should remain in custody for the defendant's own protection. (1A) Where it has not been practicable to obtain sufficient information for the purpose of making a decision in connection with any matter specified in subsection (1) due to lack of time since the institution of proceedings against the defendant the court before which the defendant appears or is brought shall remand the defendant in custody with a view to having further information obtained for that purpose. (2) In assessing whether there is an unacceptable risk with respect to any event specified in subsection (1)(a) the court or police officer shall have regard to all matters appearing to be relevant and in particular, without in any way limiting the generality of this provision, to such of the following considerations as appear to be relevant— (a) the nature and seriousness of the offence; (b) the character, antecedents, associations, home environment, employment and background of the defendant; (c) the history of any previous grants of bail to the defendant; (d) the strength of the evidence against the defendant; (e) if the defendant is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the defendant's community, including, for example, about— (i) the defendant's relationship to the defendant's community; or (ii) any cultural considerations; or (iii) any considerations relating to programs and services in which the community justice group participates; (f) if the defendant is charged with a domestic violence offence or an offence against the Domestic and Family Violence Protection Act 2012, section 177(2)—the risk of further domestic violence or associated domestic violence, under the Domestic and Family Violence Protection Act 2012, being committed by the defendant; Note— See section 15(1)(e) for the power of a court to receive and take into account evidence relating to the risk of further domestic violence or associated domestic violence. (g) any promotion by the defendant of terrorism; (h) any association the defendant has or has had with— (i) a terrorist organisation within the meaning of the Criminal Code (Cwlth), section 102.1(1); or (ii) a person who has promoted terrorism; (i) the likely effect that refusal of bail would have on— (i) a person with whom the defendant is in a family relationship and for whom the defendant is the primary caregiver; or (ii) a person with whom the defendant is in an informal care relationship; or (iii) if the defendant is pregnant—the child of the pregnancy. (2A) However, in assessing whether there is an unacceptable risk with respect to any event specified in subsection (1)(a) a court must not have regard to the effect on the risk of imposing a condition under section 11(9B). (2B) For subsection (2)(g) and (h)(ii), a person has promoted terrorism if the person has— (a) carried out an activity to support the carrying out of a terrorist act; or (b) made a statement in support of the carrying out of a terrorist act; or (c) carried out an activity, or made a statement, to advocate the carrying out of a terrorist act or support for the carrying out of a terrorist act. (2C) To remove any doubt, it is declared that a reference in subsection (2B) to a terrorist act— (a) includes a terrorist act that has not happened; and (b) is not limited to a specific terrorist act. (3) Where the defendant is charged— (a) with an indictable offence that is alleged to have been committed while the defendant was at large with or without bail between the date of the defendant's apprehension and the date of the defendant's committal for trial or while awaiting trial for another indictable offence; or (b) with an offence to which section 13(1) applies; or (c) with an indictable offence in the course of committing which the defendant is alleged to have used or threatened to use a firearm, offensive weapon or explosive substance; or (d) with an offence against this Act; or Note— For this paragraph, a person proceeded against under section 33(3) is taken to be charged with an offence against this Act—see section 33(7). (e) with an offence against the Penalties and Sentences Act 1992, section 161ZI or the Peace and Good Behaviour Act 1982, section 32; or (f) with an offence against the Criminal Code, section 359 with a circumstance of aggravation mentioned in section 359(2); or (g) with a relevant offence; the court or police officer shall refuse to grant bail unless the defendant shows cause why the defendant's detention in custody is not justified and, if bail is granted or the defendant is released under section 11A, must include in the order a statement of the reasons for granting bail or releasing the defendant. Note— See also section 16A(6). (4) In granting bail in accordance with subsection (3)— (a) a court may impose conditions under section 11 or 11AB; or (b) a police officer may impose conditions under section 11. (5) If required by a court or police officer for subsection (2)(e), a representative of the community justice group in the defendant's community must advise the court or police officer whether— (a) any member of the community justice group that is responsible for the submission is related to the defendant or the victim; or (b) there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the defendant or victim. (6) In this section— domestic violence offence see the Criminal Code, section 1. relevant offence means— (a) an offence against the Criminal Code, section 315A; or (b) an offence punishable by a maximum penalty of at least 7 years imprisonment if the offence is also a domestic violence offence; or (c) an offence against the Criminal Code, section 75, 328A, 355, 359E or 468 if the offence is also a domestic violence offence; or (d) an offence against the Domestic and Family Violence Protection Act 2012, section 177(2) if— (i) the offence involved the use, threatened use or attempted use of unlawful violence to person or property; or (ii) the defendant, within 5 years before the commission of the offence, was convicted of another offence involving the use, threatened use or attempted use of unlawful violence to person or property; or (iii) the defendant, within 2 years before the commission of the offence, was convicted of another offence against the Domestic and Family Violence Protection Act 2012, section 177(2). 16A Refusal of bail for defendants convicted of terrorism offences or subject to Commonwealth control orders (1) This section applies in relation to a defendant if— (a) the defendant— (i) has previously been convicted of a terrorism offence; or (ii) is or has been the subject of a Commonwealth control order; and (b) the defendant is an adult. (2) Despite any other provision of this Act, a court must refuse to grant bail to the defendant unless the court is satisfied exceptional circumstances exist to justify granting bail. (3) In considering whether exceptional circumstances exist to justify granting bail to the defendant, the court may have regard to any relevant matter. (4) If the court grants bail to the defendant, the order granting bail must state the reasons for the decision. (5) This section does not affect the operation of section 16(1). (6) If the defendant is charged with an offence mentioned in section 16(3)(a) to (g), section 16(3) does not apply in relation to the defendant. (7) In this section— convicted, of an offence, means found guilty of the offence by a court, on a plea of guilty or otherwise, whether or not a conviction is recorded. 17 Enlargement of undertaking (1) An undertaking may, with the consent of any person or persons offering to be surety or sureties, contain a provision for its enlargement without the further consent of the surety or sureties upon such adjournments of the criminal proceeding as are from time to time directed. (1A) Subsection (1) does not prejudice in any way the right of a person offering to be surety to elect to be bound with respect to an undertaking that may be enlarged only with the person's consent given at the time of the enlargement and the court shall not refuse to grant bail to a person by reason only that a person offering to be surety has so elected. (2) Where a criminal proceeding is adjourned, the court may enlarge the undertaking of the defendant if the defendant is then on bail and, where there is a surety or are sureties to the undertaking, the court shall, unless the undertaking otherwise provides, obtain the consent of the surety or sureties to such enlargement and thereupon the defendant shall be bound to attend the court at the time and place or sittings to which the criminal proceeding has been adjourned and be bound by all other conditions imposed by the original undertaking without entering into a fresh undertaking and the surety or sureties shall be bound accordingly. (3) An enlargement pursuant to subsection (2) may include a condition that the defendant surrender into custody at the date, time and place fixed for the trial or appeal. (4) Notwithstanding subsection (2), the court may make such order as to bail and as to the commitment of the defendant to prison until bail is forthcoming as the court thinks fit. (5) An undertaking may be enlarged pursuant to subsection (2) if any condition of the undertaking remains to be fulfilled notwithstanding that the defendant has surrendered into custody in compliance with the undertaking. (6) An endorsement on the papers relating to the defendant to the effect that the defendant's undertaking has been enlarged in accordance with subsection (2) and specifying the time and place or sittings at which the defendant is bound to attend the court and purporting to be signed by the judge or justices constituting the court or the proper officer thereof shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the bail was so enlarged. (7) Also, any record of an order of the court relating to the defendant, whether or not the record is signed, is evidence that the defendant's bail was enlarged if— (a) an indictment relating to the defendant has been presented to the court; and (b) the record is to the effect that— (i) the defendant's undertaking has been enlarged under subsection (2); and (ii) the defendant's trial has been adjourned to a later sittings of a court to be held at a particular place. 18 Endorsement of decision as to bail or release on papers and warrant A court that grants or refuses bail to a defendant or releases a defendant under section 11A shall endorse or cause to be endorsed on the papers relating to the defendant and on the warrant of remand, committal or, as the case may be, commitment (if any) its decision as to bail or release and the court or the proper officer thereof shall certify— (a) where bail is granted— (i) consent to the defendant's release on bail; and (ii) the amount of money or other security (if any) to be deposited; and (iii) the amount of any surety or sureties to be required; and (iv) the special conditions (if any) applicable to the defendant's release on bail; or (b) where the defendant is released under section 11A— (i) consent to the defendant's release without bail; and (ii) whether the defendant is released into the care of another person or permitted to go at large; and (iii) if the defendant is released into the care of another person, the person's name; and (iv) the court into whose custody the defendant is required to surrender as a condition of release; and (v) the time and place the defendant is required to surrender into the court's custody; or (c) where bail is refused— (i) the refusal of bail; and (ii) the grounds for such refusal. 19 Application re refusal or conditions of bail (1) A defendant held in custody in relation to an offence who has been refused bail or having been granted bail feels aggrieved by the amount fixed or any condition imposed for the defendant's release from custody may make application to a court empowered by section 8 to grant bail to the defendant for an order granting or varying bail. (2) On the hearing of the application, the court may, subject to this Act, grant bail to the defendant, vary the bail already granted or refuse the application. 19A Consideration of unrecorded convictions (1) This section applies to a person in custody in connection with a charge of an offence if the person has previously been found guilty of an offence, as a child, without a conviction being recorded. (2) A court or police officer deciding whether to release the person or keep the person in custody may have regard to the finding. 19B Review of particular decisions (1) This section does not apply to the following decisions about release under this part— (a) a decision by the Supreme Court; (b) a decision under section 10(2); (c) a decision by a magistrate acting as a reviewing court under this section. (2) If a decision has been made about release under this part or the Youth Justice Act 1992, part 5, for a defendant, the defendant, complainant or prosecutor or a person appearing on behalf of the Crown may apply to the reviewing court for a review of the decision. (3) The reviewing court is— (a) for a decision by a police