Victorian Numbered Acts Victorian Numbered Acts(1) In section 4(2) of the Bail Act 1977 —
(a) for "a court" substitute "a bail decision maker";
(b) in paragraphs (aa) and (b), for "the court" substitute "the bail decision maker";
(c) in paragraph (d), for "the court" substitute "the bail decision maker".
(2) In section 4(2) of the Bail Act 1977 , for paragraphs (a), (aa) and (b) substitute —
"(a) in the case of a person charged with a Schedule 1 offence, unless the bail decision maker is satisfied that exceptional circumstances exist that justify the grant of bail; or";
(3) In section 4(2)(d)(i) of the Bail Act 1977 , for "members of the public" substitute "any person".
(4) At the foot of section 4(2)(d)(i) of the Bail Act 1977 insert —
" Example
An unacceptable risk that the accused if released on bail would commit a family violence offence.".
(5) In section 4(2A) of the Bail Act 1977 , for "A court" substitute "A bail decision maker".
(6) In section 4(3) of the Bail Act 1977 , for "the court" (where twice occurring) substitute "the bail decision maker".
(7) In section 4(4) of the Bail Act 1977 —
(a) in paragraphs (b)(ii), (ba)(ii) and (bb)(ii) for "the court" substitute "the bail decision maker";
(b) for "court shall refuse bail unless the accused shows cause" substitute "bail decision maker must refuse bail unless the accused shows compelling reason";
(c) for "court grants bail the court" substitute "bail decision maker grants bail the bail decision maker".
(8) For section 4(4) of the Bail Act 1977 substitute —
"(4) A bail decision maker must refuse bail for a person accused of a Schedule 2 offence unless the accused shows compelling reason why their detention in custody is not justified.
(4A) A bail decision maker who grants bail for a person accused of a Schedule 2 offence must—
(a) if a court, include in the order a statement of reasons for granting bail; or
(b) in any other case, provide a statement of reasons as required by the regulations.".
(9) Before section 4(5) of the Bail Act 1977 insert —
"(4B) Subsection (4C) applies in relation to an application for bail made by or on behalf of a person accused of an offence of causing injury to another person.
(4C) A bail decision maker may refuse bail if at the time of deciding the application it is uncertain whether the person injured will die or recover from the injury.
(4D) A bail decision maker may adjourn the hearing of a matter for up to 4 hours if satisfied that the accused appears to be seriously affected by alcohol or another drug or a combination of drugs.
(4E) On adjourning a hearing under subsection (4D), the bail decision maker may remand the accused in custody until the further hearing of the matter.
(4F) Subsection (4G) applies if, on the first further hearing of a matter adjourned under subsection (4D), the bail decision maker is satisfied that the accused still appears to be seriously affected by alcohol or another drug or a combination of drugs.
(4G) The bail decision maker may adjourn the hearing of the matter for one further period of up to 4 hours and remand the accused in custody until the next hearing of the matter.
(4H) A bail decision maker considering the release of an accused on bail must make inquiries of the informant or prosecutor or any person appearing on behalf of the Crown as to whether there is in force—
(a) a family violence intervention order made against the accused; or
(b) a family violence safety notice issued against the accused.
(4I) A bail decision maker considering the release on bail of an accused charged with a family violence offence must consider—
(a) whether, if the accused were released on bail, there would be a risk that the accused would commit family violence; and
(b) whether that risk could be reduced by—
(i) the imposition of a condition; or
(ii) the making of a family violence intervention order.".
(10) For section 4(5) of the Bail Act 1977 substitute —
"(5) In granting bail, a bail decision maker may impose conduct conditions.".
(11) After section 4(5) of the Bail Act 1977 insert —
"(6) For the purposes of this section, an offence that is both a Schedule 1 offence and a Schedule 2 offence must be taken to be a Schedule 1 offence.".