Victorian Numbered Acts Victorian Numbered ActsFor section 5 of the Bail Act 1977 substitute —
(1) A grant of bail must require the accused to enter into a written undertaking to surrender into custody at the time and place of the hearing or trial specified in the undertaking and not to depart without leave of the court and, if leave is given, to return at the time specified by the court and again surrender into custody.
(2) A bail decision maker, considering the release of an accused on bail, must consider whether to release the accused—
(a) on their own undertaking without any other condition; or
(b) on their own undertaking with conduct conditions; or
(c) with a surety or sureties for a specified amount or a deposit of money of a specified amount, with or without conduct conditions.
(3) Any surety that is required must also enter into an undertaking to pay the specified amount if the accused fails to comply with the undertaking entered into by them.
Notes
1 Sections 12 and 21 of the Charter of Human Rights and Responsibilities set out a right of freedom of movement and a right to liberty and security of the person.
2 Sections 23 and 25 of the Charter of Human Rights and Responsibilities set out the rights of children in the criminal process and the rights of an adult in criminal proceedings.
3 Section 7(2) of the Charter of Human Rights and Responsibilities sets out how a human right may be limited after taking into account all relevant factors, including any less restrictive means reasonably available to achieve the purpose that the limitation seeks to achieve.
(1) A bail decision maker considering the release of an accused on bail must impose any condition that, in the opinion of the bail decision maker, will reduce the likelihood that the accused may—
(a) endanger the safety or welfare of any person; or
(b) fail to attend in accordance with their bail and surrender into custody at the time and place of the hearing or trial; or
(c) commit an offence while on bail; or
(d) interfere with witnesses or otherwise obstruct the course of justice in any matter before the court.
Example
A bail decision maker may impose a condition in order to reduce the likelihood that the accused may commit a family violence offence.
(2) If a bail decision maker imposes one or more conditions, each condition and the number of conditions—
(a) must be no more onerous than is required to reduce the likelihood that the accused may do a thing mentioned in subsection (1)(a) to (d); and
(b) must be reasonable, having regard to the nature of the alleged offence and the circumstances of the accused; and
(c) subject to subsection (3), must be consistent with each condition of each family violence intervention order or family violence safety notice to which the accused is subject.
(3) A bail decision maker may impose a condition that is inconsistent with a condition of a family violence intervention order or family violence safety notice if the bail decision maker is satisfied that the proposed condition will better protect the safety or welfare of—
(a) an alleged victim of the offence with which the accused is charged; or
(b) a protected person (within the meaning of the Family Violence Protection Act 2008 ).
Note
Sections 175AA and 175AB of the Family Violence Protection Act 2008 provide that if it is not possible to comply with both a bail condition and a family violence safety notice or a family violence intervention order, the safety notice or intervention order prevails to the extent of the inconsistency.
(4) Without limiting section 4(5) or 5(2), a bail decision maker may impose all or any of the following conditions about the conduct of an accused—
(a) reporting to a police station;
(b) residing at a particular address;
(c) subject to subsection (5), a curfew imposing times at which the accused must be at their place of residence;
(d) that the accused is not to contact specified persons or classes of person;
Example
Witnesses, alleged victims or co-accused.
(e) surrender of the accused's passport;
(f) geographical exclusion zones, being places or areas the accused must not visit or may only visit at specified times;
Example
Not attending a gaming venue, a venue that sells alcohol or a point of international departure.
(g) attendance and participation in a bail support service;
(h) that the accused not drive a motor vehicle or carry passengers when driving a motor vehicle;
(i) that the accused not consume alcohol or use a drug of dependence within the meaning of the Drugs, Poisons and Controlled Substances Act 1981 without lawful authorisation under that Act;
(j) that the accused comply with any existing intervention orders;
(k) any other condition that the bail decision maker considers appropriate to impose in relation to the conduct of the accused.
(5) If a bail decision maker imposes a curfew on an accused as a conduct condition, the period of curfew imposed must not exceed 12 hours within a 24-hour period.
(6) A condition imposed by a bail decision maker continues to be binding on the accused until it is varied or revoked or the matter in relation to which it was imposed is finally determined by a court.
(1) If a bail decision maker is considering, in accordance with section 5(2)(c) , imposing a condition that requires a deposit of money of a specified amount, the bail decision maker must have regard to the means of the accused in determining—
(a) whether to impose the condition; and
(b) the amount of money to be deposited.
(2) If a bail decision maker is satisfied under subsection (1) that the accused does not have sufficient means to satisfy a condition requiring a deposit of money of a specified amount, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).
(3) If a bail decision maker is considering imposing a condition that requires a surety for a specified amount, the bail decision maker must have regard to the means of a proposed surety in determining—
(a) whether to impose the condition; and
(b) the amount of the surety.
(4) If a bail decision maker is satisfied under subsection (3) that the accused is unable to provide a surety with sufficient means, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).".