Bail Amendment Regulations 2010

i Bail Amendment Regulations 2010 S.R. No. 121/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 1 5 Inquiry into physical or mental condition of an accused 2 6 Certification of bail 2 7 Certificate of refusal of bail 2 8 Duplicate of a certificate of bail 2 9 Warrant of deliverance 2 10 Substitution of regulation 17 2 17 Application for variation of amount or conditions of bail 2 17A Notice of application for variation to be given to sureties 3 11 Undertaking of bail 3 12 Undertaking of bail for attendance at trial 3 13 Statement of the reasons for inquiry into physical or mental condition of an accused 3 14 Affidavit of justification by surety to undertaking 3 15 Declaration of justification by surety to undertaking 3 16 Notice of deposit to secure payment of any penalty imposed by the Magistrates' Court 4 17 Certificate of bail 4 18 Duplicate of a certificate of bail under section 15(2) 4 19 Warrant of deliverance on prisoner being admitted to bail 4 20 Notice of application for an order to vary *amount of bail *condition(s) of bail 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2010 S.R. No. 121/2010 Bail Act 1977 Bail Amendment Regulations 2010 The Governor in Council makes the following Regulations: Dated: 26 October 2010 Responsible Minister: ROB HULLS Attorney-General MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Bail Regulations 2003 as a consequence of certain provisions of the Bail Amendment Act 2010. 2 Authorising provision These Regulations are made under section 33 of the Bail Act 1977. 3 Commencement These Regulations come into operation on 1 January 2011. 4 Principal Regulations In these Regulations, the Bail Regulations 2003 1 are called the Principal Regulations. -- 2 of 6 -- S.R. No. 121/2010 Bail Amendment Regulations 2010 2 5 Inquiry into physical or mental condition of an accused Regulation 7 of the Principal Regulations is revoked. 6 Certification of bail In regulation 13 of the Principal Regulations, for "warrant of remand or a warrant of commitment" substitute "remand warrant". 7 Certificate of refusal of bail In regulation 14 of the Principal Regulations, for "warrant of remand or a warrant of commitment" substitute "remand warrant". 8 Duplicate of a certificate of bail Regulation 15 of the Principal Regulations is revoked. 9 Warrant of deliverance Regulation 16 of the Principal Regulations is revoked. 10 Substitution of regulation 17 For regulation 17 of the Principal Regulations substitute— "17 Application for variation of amount or conditions of bail (1) For the purposes of section 18AC(1) of the Bail Act 1977, Form 14 is prescribed. (2) Notice of an application under section 18AC(1) of the Bail Act 1977 must be filed in the court a reasonable time before the hearing of the application. r. 5 -- 3 of 6 -- S.R. No. 121/2010 Bail Amendment Regulations 2010 3 17A Notice of application for variation to be given to sureties For the purposes of section 18AI(2)(a) of the Bail Act 1977, Form 14 is prescribed.". 11 Undertaking of bail In Form 1 of the Principal Regulations, omit "*Other Security". 12 Undertaking of bail for attendance at trial In Form 2 of the Principal Regulations omit— (a) "sent by post"; (b) "*Other Security" (wherever occurring). 13 Statement of the reasons for inquiry into physical or mental condition of an accused Form 4 of the Principal Regulations is revoked. 14 Affidavit of justification by surety to undertaking In Form 5 of the Principal Regulations, after "*In the case of an infringement warrant within the meaning of the Infringements Act 2006, the sheriff or a person authorised under section 84(5) of that Act" insert— "*For the purposes of section 9(3B)(b) of the Bail Act 1977, a person authorised by Part IV of the Evidence (Miscellaneous Provisions) Act 1958 to take affidavits". 15 Declaration of justification by surety to undertaking In Form 6 of the Principal Regulations, after "*In the case of an infringement warrant within the meaning of the Infringements Act 2006, the sheriff or a person authorised under section 84(5) of that Act" insert— r. 11 -- 4 of 6 -- S.R. No. 121/2010 Bail Amendment Regulations 2010 4 "*For the purposes of section 9(3B)(b) of the Bail Act 1977, a person authorised by Part IV of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of statutory declarations". 16 Notice of deposit to secure payment of any penalty imposed by the Magistrates' Court In Form 9 of the Principal Regulations, for "defendant" substitute "accused". 17 Certificate of bail In Form 10 of the Principal Regulations— (a) omit "or other security" (where first occurring); (b) omit "3. A deposit of $ or other security and a surety/sureties in the amount of $ ;"; (c) for "4." substitute "3.". 18 Duplicate of a certificate of bail under section 15(2) Form 12 of the Principal Regulations is revoked. 19 Warrant of deliverance on prisoner being admitted to bail Form 13 of the Principal Regulations is revoked. 20 Notice of application for an order to vary *amount of bail *condition(s) of bail In Form 14 of the Principal Regulations— (a) for "S. 18(7)" substitute "Ss 18AC(1), 18AI(2)(a)"; (b) omit "or other security to the same value". ═══════════════ r. 16 -- 5 of 6 -- S.R. No. 121/2010 Bail Amendment Regulations 2010 5 ENDNOTES 1 Reg. 4: S.R. No. 1/2003. Reprint No. 1 as at 15 August 2006. Reprinted to S.R. No. 104/2006. Subsequently amended by S.R. No. 155/2009. Endnotes -- 6 of 6 --