Bail Act 2013 (NSW)

Bail Act 2013 No 26

An Act to make provision for bail in connection with criminal and other proceedings.

Preamble The Parliament of New South Wales, in enacting this Act, has regard to the following— (a) the need to ensure the safety of victims of crime, individuals and the community, (b) the need to ensure the integrity of the justice system, (c) the common law presumption of innocence and the general right to be at liberty.

Part 1 Preliminary

1 Name of Act This Act is the Bail Act 2013.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Purpose of Act (1) The purpose of this Act is to provide a legislative framework for a decision as to whether a person who is accused of an offence or is otherwise required to appear before a court should be detained or released, with or without conditions. (2) (Repealed)

4 Definitions (1) In this Act— accommodation requirement—see section 28. accompaniment requirement—see section 28A. accused person or person accused of an offence includes the following— (a) a person who has been charged with or convicted of an offence, (b) a person whose conviction for an offence is stayed, (c) a person in respect of whom proceedings on an appeal against conviction or sentence for the offence are pending, (d) a person in respect of whom a new trial has been ordered to be held for an offence. apprehended violence order has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007. authorised justice means— (a) a registrar of the Local Court, or (a1) a Children's Registrar, or other Registrar of the Children's Court, under the Children's Court Act 1987, or (b) an officer of the Department of Attorney General and Justice who is declared, by order of the Minister, whether by reference to his or her name or office, to be an authorised justice for the purposes of this Act, or (c) a person, or member of a class of persons, declared by the regulations to be an authorised justice for the purposes of this Act. bail—see section 7. bail acknowledgment means the bail acknowledgment for a decision to grant bail given to the accused person under section 33. bail application means— (a) a release application, or (b) a detention application, or (c) a variation application. bail authority means a police officer, an authorised justice or a court. bail concern—see section 17. bail condition means a condition of bail. bail decision—see section 8. bail guarantor means any person who enters into a bail security agreement, other than the accused person granted bail. bail money means money agreed to be forfeited under a bail security agreement. bail security means security for the payment of bail money deposited with a bail authority. bail security agreement means an agreement entered into, or required to be entered into, under a security requirement of a bail condition (whether by the accused person or by any other person). character acknowledgment—see section 27. child means a person under the age of 18 years. Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth. community service order means a community service order under the Crimes (Sentencing Procedure) Act 1999 or a children's community service order under the Children (Community Service Orders) Act 1987. conclusion of proceedings—see section 6. conduct requirement—see section 25. conviction includes a finding of guilt. correctional centre means a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 and includes a detention centre within the meaning of that Act (subject to the Children (Detention Centres) Act 1987). court means— (a) the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Court, the District Court or the Local Court, or (b) any other court which, or person who, exercises criminal jurisdiction. detention application—see section 50. domestic violence offence has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007. enforcement condition—see section 30. fail to appear offence means an offence against section 79. fine-only offence means an offence not punishable by a sentence of imprisonment. first appearance means a first appearance of an accused person before a court or authorised justice in proceedings for an offence. function includes a power, authority or duty and exercise a function includes perform a duty. intimate partner, of a person (the first person), means a person who— (a) is or has been married to the first person, or (b) is or has been a de facto partner of the first person, or