New South Wales Consolidated Regulations

BAIL REGULATION 2021

- Made under the Bail Act 2013
- As at 23 September 2022
- Reg 454 of 2021

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - MAKING AND VARIATION OF BAIL DECISIONS

           Division 1 - General

   4.      Notice of hearing--the Act, s 33(2)(a)
   5.      Information about review or variation of decision to be given to accused person--the Act, ss 33(4)(d) and 34(1)(b)
   6.      Notice required if accused person granted bail remains in custody
   7.      Particulars of orders in bail decisions
   8.      Notification of bail acknowledgment and compliance with bail conditions
   9.      Exercise of certain functions by court staff and police officers
   9A.     Proceedings for the administration of sentence

           Division 2 - Special provisions for police bail

   10.     Bail eligibility information--the Act, s 44
   11.     Records verifying bail eligibility information was given--the Act, s 44(2)
   12.     Record of reasons for decision
   13.     Facilities to be provided by police if accused person not released

           Division 3 - Special provisions for sexual assault and personal violence offences

   14.     Bail authority to notify informant of bail decision for domestic violence offence
   15.     Police to give notice of bail decisions for sexual assault and personal violence offences

   PART 3 - BAIL APPLICATIONS

           Division 1 - Release applications

   16.     Making of release application

           Division 2 - Detention applications

   17.     Making of detention application
   18.     Notice of detention application
   19.     Withdrawal by Crown of detention application--the Act, s 40(2)(b)

           Division 3 - Variation applications

   20.     Making of variation application
   21.     Notice of variation application

   PART 4 - BAIL CONDITIONS

           Division 1 - Security requirements

   22.     Evidence of identity and residential address to be provided
   23.     Verification proposed bail guarantor is acceptable person
   24.     Deposit of security
   25.     Acceptance of distant sureties
   26.     Dealing with money or security--the Act, s 82(2)

           Division 2 - Character acknowledgments

   27.     Content and form of character acknowledgment
   28.     Acceptable person to provide evidence of identity and residential address
   29.     Verification as acceptable person
   30.     Acceptance of distant character acknowledgments

           Division 3 - Accommodation requirements

   31.     Information about action taken to secure accommodation for accused person

           Division 4 - Electronic monitoring

   31A.    Minimum standards for electronic monitoring--the Act, s 30A

   PART 5 - GENERAL PROVISIONS ABOUT SECURITY REQUIREMENTS

           Division 1 - General

   32.     Application for discharge of liability
   33.     Form of arrest warrant
   34.     Revocation of bail if security no longer intact--the Act, s 85(4)(a)

           Division 2 - Forfeiture of security

   35.     Appropriate State authorities in relation to forfeiture orders
   36.     Forfeiture notice given to persons affected by forfeiture order
   37.     Giving of notice of objection to confirmation of forfeiture order
   38.     Giving of notice of informal objection to confirmation of forfeiture order
   39.     Written notice concerning taking effect of forfeiture order

   PART 6 - MISCELLANEOUS

   40.     Requirement to appear when bail is dispensed with
   41.     Facilitation of proof of failure to appear--the Act, s 94(1) and (2)
   42.     Entry into arrangements with courts of other States and Territories
   43.     Appropriate officers--juvenile justice--the Act, s 95(2)(f)
   44.     Repeal and Savings
   45.     Transitional provision for Bail Amendment Act 2022--the Act, Schedule 3, cl 1
           SCHEDULE 1