Bail Amendment Regulations 2009

i Bail Amendment Regulations 2009 S.R. No. 155/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 1 5 Undertaking of bail 2 6 Grant of bail 2 7 Inquiry into physical or mental condition of an accused person 2 8 Warrant to arrest if surety gives false information 2 9 Application seeking variation of amount or conditions of bail 2 10 Warrant to arrest if surety applies for discharge 2 11 Warrant to arrest to impose additional conditions 2 12 Warrant to arrest if person released on undertaking to appear fails to appear 2 13 Undertaking of bail 3 14 Undertaking of bail for appearance at trial 3 15 Statement of reasons for granting bail 4 16 Statement of the reason for inquiry into physical or mental condition of an accused person 4 17 Affidavit of justification by surety to undertaking 5 18 Declaration of justification by surety to undertaking 5 19 Warrant to arrest if a surety gives false information in support of an undertaking of bail 5 20 Notice of deposit to secure payment of any penalty imposed by the Magistrates' Court 6 21 Certificate of bail 6 22 Certificate of refusal of bail 6 23 Duplicate of a certificate of bail under section 15(2) 6 24 Warrant of deliverance on prisoner being admitted to bail 6 25 Notice of application for an order to vary amount of bail or conditions of bail 7 26 Warrant to arrest if a surety applies to be discharged from liability under an undertaking of bail 7 27 Warrant to arrest to amend or supplement the conditions of an undertaking of bail 7 -- 1 of 11 -- Regulation Page ii 28 Warrant to arrest if a person has been released with insufficient security or with security which has become insufficient 7 29 Warrant to arrest if a person released on undertaking fails to appear 8 ═══════════════ ENDNOTES 9 -- 2 of 11 -- 1 STATUTORY RULES 2009 S.R. No. 155/2009 Bail Act 1977 Bail Amendment Regulations 2009 The Governor in Council makes the following Regulations: Dated: 8 December 2009 Responsible Minister: ROB HULLS Attorney-General TOBY HALLIGAN Clerk of the Executive Council 1 Objective The main objective of these Regulations is to make consequential amendments to the Bail Regulations 2003 as a result of the Criminal Procedure Act 2009. 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 2010. 4 Principal Regulations In these Regulations, the Bail Regulations 2003 1 are called the Principal Regulations. -- 3 of 11 -- S.R. No. 155/2009 Bail Amendment Regulations 2009 2 5 Undertaking of bail In regulation 5 of the Principal Regulations, omit "person". 6 Grant of bail In regulation 6 of the Principal Regulations, for "defendant" substitute "accused". 7 Inquiry into physical or mental condition of an accused person (1) In the heading to regulation 7 of the Principal Regulations, for "accused person" substitute "accused". (2) In regulation 7 of the Principal Regulations, omit "person". 8 Warrant to arrest if surety gives false information In regulation 10 of the Principal Regulations, omit "person". 9 Application seeking variation of amount or conditions of bail In regulation 17 of the Principal Regulations, omit "person". 10 Warrant to arrest if surety applies for discharge In regulation 18 of the Principal Regulations, for "a defendant" substitute "an accused". 11 Warrant to arrest to impose additional conditions In regulation 19 of the Principal Regulations, for "a defendant" substitute "an accused". 12 Warrant to arrest if person released on undertaking to appear fails to appear (1) In the heading to regulation 21 of the Principal Regulations, for "appear" (wherever occurring) substitute "attend". r. 5 -- 4 of 11 -- S.R. No. 155/2009 Bail Amendment Regulations 2009 3 (2) In regulation 21 of the Principal Regulations, for "appear" (wherever occurring) substitute "attend". 13 Undertaking of bail In Form 1 of the Principal Regulations— (a) for "defendant" (wherever occurring) substitute "accused"; (b) for "appear" substitute "attend"; (c) for "Defendant" (wherever occurring) substitute "Accused"; (d) for "accused person" (wherever occurring) substitute "accused"; (e) for "Defendant's/Infringement Offender's Address" substitute "Address of Accused/Infringement Offender"; (f) for "Defendant's/Infringement Offender's Occupation" substitute "Occupation of Accused/Infringement Offender". 14 Undertaking of bail for appearance at trial (1) In the heading to Form 2 of the Principal Regulations, for "APPEARANCE" substitute "ATTENDANCE". (2) In Form 2 of the Principal Regulations— (a) for "appearance" (wherever occurring) substitute "attendance"; (b) for "appear" substitute "attend"; (c) omit "or by telegram"; (d) for "accused person" (wherever occurring) substitute "accused"; (e) for "defendant" (wherever occurring) substitute "accused". r. 13 -- 5 of 11 -- S.R. No. 155/2009 Bail Amendment Regulations 2009 4 15 Statement of reasons for granting bail In Form 3 of the Principal Regulations— (a) for "Defendant" (wherever occurring) substitute "Accused"; (b) for "*with an offence against section 22 of the Crimes (Family Violence) Act 1987 and the circumstances set out in section 4(4)(ba)(i) or 4(4)(ba)(ii) of the Bail Act 1977 are satisfied;" substitute— "*with an offence against section 37 or 123 of the Family Violence Protection Act 2008 and the circumstances set out in section 4(4)(ba) of the Bail Act 1977 are satisfied; *with an offence against section 32 of the Stalking Intervention Orders Act 2008 and the circumstances set out in section 4(4)(bb) of the Bail Act 1977 are satisfied;"; (c) for "defendant" (wherever occurring) substitute "accused"; (d) for "appear" substitute "attend". 16 Statement of the reason for inquiry into physical or mental condition of an accused person (1) In the heading to Form 4 of the Principal Regulations, for "ACCUSED PERSON" substitute "ACCUSED". (2) In Form 4 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "defendant" substitute "accused"; (c) for "appearance" substitute "attendance". r. 15 -- 6 of 11 -- S.R. No. 155/2009 Bail Amendment Regulations 2009 5 17 Affidavit of justification by surety to undertaking In Form 5 of the Principal Regulations— (a) for "appear" substitute "attend"; (b) after "*An officer in charge of the prison at of or above the rank of Senior Prison Officer" insert— "*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". 18 Declaration of justification by surety to undertaking In Form 6 of the Principal Regulations— (a) for "appear" substitute "attend"; (b) after "*An officer in charge of the prison at of or above the rank of Senior Prison Officer" insert— "*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". 19 Warrant to arrest if a surety gives false information in support of an undertaking of bail In Form 7 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "defendant" (wherever occurring) substitute "accused"; (c) for "appearance" substitute "attendance". r. 17 -- 7 of 11 -- S.R. No. 155/2009 Bail Amendment Regulations 2009 6 20 Notice of deposit to secure payment of any penalty imposed by the Magistrates' Court In Form 9 of the Principal Regulations— (a) for "Defendant" (wherever occurring) substitute "Accused"; (b) for "appear" (wherever occurring) substitute "attend"; (c) for "appeared" substitute "attended"; (d) for "Defendant's Signature" substitute "Signature of Accused". 21 Certificate of bail In Form 10 of the Principal Regulations— (a) for "defendant" substitute "accused"; (b) for "appear" substitute "attend". 22 Certificate of refusal of bail In Form 11 of the Principal Regulations, for "defendant" substitute "accused". 23 Duplicate of a certificate of bail under section 15(2) In Form 12 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "defendant" (wherever occurring) substitute "accused"; (c) for "appear" substitute "attend". 24 Warrant of deliverance on prisoner being admitted to bail In Form 13 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "defendant" (wherever occurring) substitute "accused"; (c) for "appearance" substitute "attendance". r. 20 -- 8 of 11 -- S.R. No. 155/2009 Bail Amendment Regulations 2009 7 25 Notice of application for an order to vary amount of bail or conditions of bail In Form 14 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "appear" substitute "attend". 26 Warrant to arrest if a surety applies to be discharged from liability under an undertaking of bail In Form 15 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "defendant" (wherever occurring) substitute "accused"; (c) for "appearance" substitute "attendance". 27 Warrant to arrest to amend or supplement the conditions of an undertaking of bail In Form 16 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "defendant" (wherever occurring) substitute "accused"; (c) for "appearance" substitute "attendance". 28 Warrant to arrest if a person has been released with insufficient security or with security which has become insufficient In Form 17 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "defendant" (wherever occurring) substitute "accused"; (c) for "appearance" substitute "attendance". r. 25 -- 9 of 11 -- S.R. No. 155/2009 Bail Amendment Regulations 2009 8 29 Warrant to arrest if a person released on undertaking fails to appear (1) In the heading to Form 18 of the Principal Regulations, for "APPEAR" substitute "ATTEND". (2) In Form 18 of the Principal Regulations— (a) for "Defendant" substitute "Accused"; (b) for "defendant" (wherever occurring) substitute "accused"; (c) for "appearance" substitute "attendance"; (d) for "appear" substitute "attend". ═══════════════ r. 29 -- 10 of 11 -- S.R. No. 155/2009 Bail Amendment Regulations 2009 9 ENDNOTES 1 Reg. 4: S.R. No. 1/2003. Reprint No. 1 as at 15 August 2006. Reprinted to S.R. No. 104/2006. Endnotes -- 11 of 11 --