Bail Amendment Regulations 2010
S.R. No. 121/2010
table of provisions
Regulation Page
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
i
S.R. No. 121/2010
Bail Amendment Regulations 2010
statutory rules 2010
S.R. No. 121/2010
4
S.R. No. 121/2010
Bail Amendment Regulations 2010
Bail Act 1977
4
S.R. No. 121/2010
Bail Amendment Regulations 2010
Bail Amendment Regulations 2010
4
S.R. No. 121/2010
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 1January 2011.
4 Principal Regulations
In these Regulations, the Bail Regulations 2003[1] are called the Principal Regulations.
5 Inquiry into physical or mental condition of an accused
Regulation 7 of the Principal Regulations is revoked.
r. 5
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 section18AC(1) of the Bail Act 1977 mustbe filed in the court a reasonable timebefore the hearing of the application.
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
r. 11
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 "*Inthe 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 theBail 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 "*Inthe 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 theBail 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
r. 16
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".
═══════════════
4
S.R. No. 121/2010
Bail Amendment Regulations 2010
ENDNOTES
Endnotes
5
[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.