New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 20 May 2014
- Act 161 of 1978
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. (Repealed)
4. Definitions
5. Application of Act
PART 2 - GENERAL PROVISIONS RESPECTING BAIL
Division 1 - Bail generally
6. Grant of bail for certain periods
7. Rights following grant of bail
Division 2 - Right to release for certain offences
8. Right to release on bail for minor offences
Division 2A - Presumption against bail for certain offences
8A. Presumption against bail for certain offences
8B. Presumption against bail for serious firearms and weapons offences
8C. Presumption against bail for certain repeat property offenders
8D. Presumption against bail for offences committed in the course of riots or other civil disturbances
8E. Presumption against bail for persons on lifetime parole who commit offences carrying prison terms
8F. Presumption against bail for breach of extended supervision orders or interim supervision orders
Division 3 - Presumption in favour of bail for certain offences
9. Presumption in favour of bail for certain offences
9A. Exception from presumption in favour of bail--certain domestic violence offences and offences of contravening apprehended domestic violence orders
9B. Additional exceptions to presumption in favour of bail
Division 3A - Cases in which bail is to be granted in exceptional circumstances only
9C. Murder
9D. Repeat offenders--serious personal violence offences
Division 4 - Dispensing with bail
10. Dispensing with bail
11. Effect of dispensing with bail
12. Decision to dispense with bail
Division 5 - Miscellaneous provisions
13. Eligibility for bail despite no entitlement
14. Power to refuse bail
15. Grant of bail when not in custody
16. Extension of meaning of "adjournment" in section 6
16A. Requirement to appear before a court
PART 3 - POLICE BAIL
17. Authority for police to grant bail
18. Determination as to bail to be made after charge laid
19. Procedure following determination as to bail
20. Procedure where no release on bail
21. Facilities to be provided
PART 4 - COURT BAIL
Division 1 - Bail applications
22. General provisions as to court bail
22A. Power to refuse to hear bail application
Division 2 - Magistrates and authorised justices
23. Power of magistrates and certain authorised justices to grant bail
24. Limitations on power of magistrates to grant bail
25. Limitation on length of adjournments by magistrates and registrars where bail refused
25A. Stay of decision to grant bail if review sought
Division 3 - District Court
26. Power of District Court to grant bail
27. Limitations on power of District Court
Division 4 - Supreme Court
28. Power of Supreme Court to grant bail
29. Summary proceedings in Supreme Court
Division 5 - Court of Criminal Appeal
30. Power of Court of Criminal Appeal to grant bail
30AA. Limitation on power to grant bail
Division 6 - Land and Environment Court
30A. Power of Land and Environment Court to grant bail
30AB. Power of Land and Environment Court to grant bail on appeals
Division 7 - Industrial Relations Commission
30B. Power of Industrial Relations Commission to grant bail
PART 5 - PROVISIONS APPLYING TO BOTH POLICE AND COURT BAIL
Division 1 - Criteria to be considered in bail applications
31. Application of Division
32. Criteria to be considered in bail applications
33. (Repealed)
Division 2 - Bail undertakings
34. General undertaking to appear
35. Giving of bail undertakings
Division 3 - Bail conditions
36. Conditions of bail
36A. Additional bail conditions for persons benefiting from assessment, treatment or rehabilitation or intervention program
36B. Additional bail conditions as to non-association and place restriction
36C. Certain information not to be published or broadcast
37. Restrictions on imposing bail conditions
37AA. Enforcement conditions
37A. Conditions concerning surrender of passports
38. Reasons to be recorded
39. Entry into agreement and acceptance of acknowledgment or security
39A. Entry into arrangements with courts in other States and Territories
39B. Explanation of bail agreement to persons affected
40. Provisions respecting money or security
41. Substitution of cash for security
42. Discharge of liability of other persons
42A. Fraudulent disposal of assets
42B. Revocation of bail if bail security no longer intact
Division 4 - Continuation of bail
43. Continuation of bail
PART 6 - REVIEW OF BAIL DECISIONS
Division 1 - Power of senior police officers to review
43A. Power of senior police officer to review
Division 2 - Powers of authorised justices, magistrates and courts to review
44. Power of authorised justices, magistrates and certain courts to review
45. Review of bail decisions
46. (Repealed)
47. General limitation on power to review
48. Provisions respecting review of bail decisions
48A. Special limited review--bail conditions
48B. Special limited review--bail conditions reviewable by authorised justice
49. Applications for bail not limited by this Division
PART 7 - NON-COMPLIANCE WITH UNDERTAKINGS AND CONDITIONS
50. Arrest for absconding or breaching condition
51. Offence of failing to appear
52. (Repealed)
PART 7A - ENFORCEMENT OF BAIL AGREEMENTS
Division 1 - Preliminary
53. Definitions
Division 2 - Forfeiture orders
53A. Court may make forfeiture order if accused fails to appear
53AA. Forfeiture after conviction for offence of failing to appear
53B. Persons affected to be notified that forfeiture order has been made
53C. Formal objection to confirmation of forfeiture order
53D. Hearing of formal objection to confirmation of forfeiture order
53DA. Hearing of formal objections to deemed forfeiture orders
53E. Informal objection to forfeiture order
53F. When forfeiture order takes effect
53G. Effect of forfeiture order
53H. Persons affected to be notified that forfeiture order has taken effect
53I. Notice of forfeiture order for enforcement
53J. Payment of forfeited bail money
Division 3 - Late applications to set aside forfeiture orders
53K. Application to set aside forfeiture order
53L. Hearing of application to set aside forfeiture order
Division 4 - Miscellaneous
53M. Effect of setting aside forfeiture order
53N. Appeals
53O. Court of Criminal Appeal may authorise other courts to take action
53P. Crown etc party to forfeiture proceedings
PART 8 - MISCELLANEOUS
54. Notices
54A. Special notice where accused person remains in custody after bail granted
55. Writ of habeas corpus
56. False statements in acknowledgments
57. Person making acknowledgment under sec 36 to be warned of penalties
58. Indemnification of agreeing parties
59. Civil standard of proof for certain purposes
60. Evidence
61. Abolition of right of surety to arrest
62. Abolition of common law powers to grant bail
63. Return of sureties
64. Contempt
65. Provisions as to warrants or court attendance notices
66. Contraventions of this Act by police officers
67. This Act to prevail
68. Savings and transitional provisions
69. Regulations
70. Rules
SCHEDULE 1