Victorian Numbered Acts

BAIL AMENDMENT (STAGE ONE) ACT 2017 (NO. 26 OF 2017) - SECT 9

For section 12 of the Bail Act 1977 substitute —

        "     12         Power of court to grant or refuse bail

    (1)     This section applies if a person in custody is before a court, whether as a result of being brought before it in accordance with section 10(7) or 10A(6) of this Act or section 64(2)(a) of the Magistrates' Court Act 1989 or being otherwise before it.

    (2)     The court must hear and determine any application made for bail, or for remand in custody, in respect of the person.

    (3)     The court, in accordance with this Act, may grant or refuse bail.

Note

Section 13 imposes restrictions on who may grant bail to a person accused of treason or murder.

    (4)     If the court refuses bail, it must—

        (a)     remand the person in custody to appear before a court at a later date, which must not be for a period longer than 21 clear days in the case of a child; and

        (b)     certify on the remand warrant a statement of the refusal and of the grounds for it.

    (5)     If a child is brought before a court on the expiry of a period of remand in custody, the court must not remand the child in custody for a further period longer than 21 clear days.".