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8 Cards in this Set

  • Front
  • Back
7A There is apresumption against bail for certain offences
what are those ?
(a) murder;

(b) treason;

(c) an offence against the Misuse of Drugs Act punishable by a term of imprisonment for more than 7 years;

(d) an offence against the Customs Act 1901 of the Commonwealth in relation to narcotic goods punishable by a term of imprisonment for 10 years or more;

(da) an offence against Division 307 of the Criminal Code (Cth) punishable by a term of imprisonment for 10 years or more;

(e) a serious violence offence (other than murder) alleged to have been committed within 5 years after the alleged offender has been found guilty of an earlier serious violence offence;

(f) a serious sexual offence.
(2) A person accused of S.7A offence is not to be granted bail unless the person satisfies an authorised member or court that bail should not be refused. (Onus is on the accused)
(2A) However, this does not apply to a person who:
(a) is accused of a S.7A offence ; but
(b) is assessed to be suitable to participate in a prescribed rehabilitation program.
(2) What may Police do as an alternative to bringing a person he has arrested before a justice or a court of competent jurisdiction as required by Division 6 of Part VII of the Police Administration Act, within the time in which under that Division he would be required to bring the person before the justice or the court:
(a) inform the person charged of his right to apply for bail; and
(b) as far as practicable, ensure that the person charged is able to communicate with a legal practitioner or any other person of his choosing in connection with an application for bail.
Who may grant bail?
(5) Sergeant or above or any member in charge of a police station may grant bail
16 (4) Member may refuse bail on what grounds?
(2)(b) if he believes, on reasonable grounds, that it is necessary to do so in order to prevent:

(a) the escape of an accomplice of the accused person; or
(b) the loss, destruction or fabrication of evidence relating to an offence.
S27 Conditions of Bail. What are the main considerations of this section?
(1) Bail may be unconditional or subject to written conditions .
S27 What conditions may be granted ?
One or more of the conditions listed under S27 may be imposed on the granting of bail under this section:
Under what circumstances may Police retain a person's passport as part of his conditions of bail?
where –
(i) Court bail is granted ; and
(ii) the offence they are bailed on is offence punishable by a term of imprisonment for 2 years or more, or, by payment of a penalty of $10,000 or more,
that the accused person surrender every passport, whether Australian or foreign, held by the accused person.