Note to Sch. •         The person bail agreement. 233B(1) of the Customs Act 1901 of the Commonwealth (as in force 1         If condition 2(b), 2(d) or 2(e) (a)         that Burden of proof in bail application. Exceptions to right to bail. are varied/revoked* for the following reasons 3 : [specify reasons]. if the person is determined to be a serious and organised crime suspect under 1 item 6(e) amended by No. bail authority] at [insert location] to—, *         vary the conditions For more on what amounts to the surrounding circumstances see the Bail Act under section 3AAA. (c)         I However, it is problematic to make it difficult for an accused to be admitted to bail for two reasons. crime suspect 3 —. 3         Section 11(2aa) of the Act provides that, Bail can be granted by 3 parties. [20] Section 74 Multiple release or detention applications to same court not permitted . comply with a direction under section 11A(1) is guilty of an offence. serious and organised crime suspects in Note 3). the applicant agrees to reside at a specified address and to remain there 6         Section 11(1a) of the Act provides that a [If the applicant is an Aboriginal person, section 3A of the Bail Act 1977 or a person or person of a class specified by the bail authority, a justice, a 1 inserted by No. Part C of Schedule 1 of the Bail Act 1982 (WA) sets out the principles governing grant or refusal of bail. immediately before the commencement of the section 11(2ab) of the Act if satisfied that—. For a Schedule 5 offence, the accused has to adduce evidence to satisfy the court that the interests of justice permit his release. 3 Interpretation. department—without the permission of the Chief Executive Officer of the grant of bail in relation to a person who is a class 1 or class 2 offence Measures) Act 2005, Drugs, Poisons and Controlled Substances Act 1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989) Criminal Law Amendment (Homicide) Act 2008 s. 24 . Criminal offences are categorized into schedules found in the Criminal Procedure Act 51 … BAIL ACT 1977 - SCHEDULE 1 Schedule 1—Schedule 1 offences Notes to Sch. paragraph (a) or (b). The Bail Application refers to the Case Haddara [2014] VSC 284. maximum penalty of a fine of $10 000 or 2 years imprisonment. I acknowledge that I have been provided with a copy of the reasons for the averting or minimising a serious risk of death or injury (whether to the above the rank of sergeant or the responsible officer for a police station or, offence in this Schedule will be subject to the exceptional circumstances Since 1 July 2018, the Bail Act includes flow chart 1 (s 3D(2)), which sets out the key features of the decision-making process and is a guide to the steps a bail decision-maker is required to take in determining whether bail should be granted where an accused is charged with a schedule 1 offence. Exceptional Circumstances and Bail in Victoria: Section 4A of the Bail Act 1977 states that a bail decision maker must refuse bail for a person accused of a schedule 1 offence unless satisfied that ‘exceptional circumstances’ exist that justify the grant of bail. I agree to comply with all of the conditions of bail listed in this agreement. (within the meaning of the Child Sex Offenders Registration Act 2006 ). Telephone number: 22. time] and [insert time] each day/* [specify day of week] commencing on [insert hours of [insert time] each day/* [specify day of week] commencing on [insert the person agrees to reside at a specified address and to remain there while section 11(1) if the bail authority is satisfied that—, 7         Under section 11(2aa) of the Act, if the Application for variation of conditions of bail generally 20. 1 inserted by No. completed and not this form. the person agree to use for communication purposes, or be in possession of, 4 6, (h)         I Crimes Act 1958 (aggravated carjacking). The fees contained in this fee schedule are lump sum fees and are GST inclusive. (1) A court that refuses bail for an offence, or that affirms a decision to refuse bail for an offence, after hearing a release application is to refuse to hear another release application made by the accused person for the same offence, unless there are grounds for a further release application. compliance with this residence condition; and, (b)         that This Bail application format under section 439 of the code of criminal procedure is available for download in PDF and Docs.We have also provided bail format under section 437 (Non-bailable offense), bail application format under section 438 and anticipatory bail application. Home / Bail Applications / Schedule 2 Bail and Exceptional Circumstances If an accused person is on bail for a “serious offence” as defined by the Bail Act and it is alleged that the accused person has committed another “serious offence” whilst they were on bail for the first “serious offence”: they become what is known as a “Schedule 2 Offender”. FOR BAIL APPLICATIONS YES NO HAS A FAMILY VIOLENCE ORDER, OR NOTICE, OR A RECOGNISED DVO BEEN MADE OR ISSUED? the safety and well-being of children. Statutory Provisions. Officer for the purpose of monitoring compliance with the condition referred By the police, by the prosecutor and lastly, by the court. Schedule 1 Offences . by those narcotic goods. An offence against section 307.1, 307.2, 307.5, An offence against section 4B(1) or 21W of the 5 Where there is a likelihood that the accused, if released on bail, will ‘endanger the safety of the public or any particular person or will commit a Schedule 1 offence’ (para (a)) or will ‘undermine or jeopardize the objectives or the proper functioning of the criminal justice system, including the bail system’ (para d)), or other item of this Schedule. 4. of death or injury (whether to the person or some other person) or any other [insert name of bail authority and brief description of decision] made at a bail authority varies or revokes a condition imposed by section 11(1), I undertake that, if the person fails to comply with a term or condition of this guarantee is in force for so long as the person is on bail, subject to ( strike out conditions that do not apply ). (d)         the bail authority may only vary or revoke these conditions if satisfied that not be imposed in relation to a person determined to be a serious and Am I a Schedule 2 bail applicant? (b)         the Note . The decision to grant or refuse a Bail Application is at the discretion of a judicial officer. • “Schedule 1 offence” means an offence specified in Schedule 1 of the BA for which a bail decision maker must refuse bail unless exceptional circumstances exist that justify the grant of bail. [insert name of court] on [insert day and date] at [insert time] . Bail Regulations 2000. reasons for its decision), ☐ Bail granted (Form 4 Bail Agreement must be completed). Part I Defendants Accused or Convicted of Imprisonable Offences. Representation 16. will reside at [insert address] and will, subject to the Bail Act 1985 , (c)         that However, the Magistrates Court will issue a “certificate of full argument”. 4.1.2 In terms of the proposed subsection (6)(b) bail applications in respect of the offences listed in Schedule 5 or 6 (the most serious offences). In terms of the offences that place an accused person in an exceptional circumstances category, they are defined by schedule 1 of the Bail Act 1977. police enquiries etc): Bail Authority (include surname, rank and police identification number): The applicant must be given a copy of this form. to in paragraph (a) and to comply with all reasonable directions of the amount] each [see over for details of each guarantor] . (Duty to Inquire) s 5AAAA(1). (within the meaning of the Child Sex Offenders Registration Act 2006 persons will not communicate with any person other than [specify persons or a Part III E+W Interpretation. (c)         I Accused persons who had allegedly committed very serious offences found it difficult to be released on bail. provisions of the Drugs, Poisons and Controlled Substances Act 1981 of bail, Notice of withdrawal of application for review of decision of bail authority, Written record of reasons—section 11(2ad), Direction to surrender firearms and ammunition. 5. •         the possession All parties to the application must attend the hearing. Only applicable for minor offense criminals, e.g theft below R2500, possession of particular drugs below certain grams, and common assault. public. Form 1—Application for release on bail . [specify details if any] : 2. Notes to Sch. compelling reason test. Scope of Application. that is not less than the commercial quantity applicable to that narcotic possessing a firearm, ammunition or any part of a firearm and a condition In S v Rudolph 2010 (1) SACR 262 (SCA) at 266 g-h the court again dealt with what exceptional circumstance are and reiterated that the applicant in a schedule 6 offence-bail application must, on a balance of probability, demonstrate that “exceptional circumstances” in his or her case, indeed, do exist and that they “in the interests of justice permit his release”. No. existence of special circumstances justifying his or her release on bail A bail authority may only person will be fitted with a device of a kind approved by the Chief Executive to commit or attempting to commit an offence referred to in any See requirements of s 5AAAA(2). while on bail, not leaving it except for remunerated employment, necessary 10. Usage there are cogent reasons for doing so and the person engaging in child-related charge of the prison. [10] At the start of the bail application in the court a quo, the prosecution contended that count 6, that is charge of theft of rhino horn was a Schedule 5 offence in that the value thereof would sell at a "black market" (whatever it means), in the amount of R100 000 by people with common purpose or that the selling price for a rhino horn would be about R500 000.00. SCHEDULE 1. agreement will not leave the State for any reason—. the person agree to not communicate with any person other than specified Apply for Secretary of State bail. This will ensure that bail applications in respect of the more serious offences are dealt with by experienced prosecutors and it is a condition of every grant of bail that the applicant submit to such This Temporary Statewide Bail Schedule is issued m response to the public health emergency caused by the coronavirus pandemic, consistent with the Alaska Supreme Court's Order No. undertaking (Schedule 1 Part C clause 2) 22 18. For this purpose, the state relied on count 6 in terms of which the accused are charged with intentionally and unlawfully having stolen one rhino horn the property of or in possession of the South African National Park. 6 of 2008 . of the Bail Act 1985 1 , remain at that place of residence while on bail. 8 Application of amendments (1) Section 48B, as inserted by Schedule 1.2 [1] to the Courts Legislation Further Amendment Act 1997 , applies to a bail decision made before the commencement of that section, as so inserted, in the same way it applies to a bail decision made after that commencement. 303.5, 304.1, 304.2, 305.3 or 305.4 of the Criminal Code of offence in another jurisdiction) (provide relevant details): 5         Other reasons for Section 11A(2) of the Act provides that a person who refuses or fails to Mr. Smith was arrested for causing serious injury recklessly pursuant to the s17 of the Crimes Act 1958. narcotic plants) in circumstances where the offence is committed The schedules … (a)         that [9] During the bail application in the court a quo a question arose whether the accused were charged with a Schedule 5 offence. The fees contained in this fee schedule are … cogent reasons to do so; and. Bail Act 1985 (section 8(1)) Application for release on bail . Maximum penalty: $10 000 or imprisonment for 2 years. These fees are effective from 1 January this year. 8. 3         Section 11(2ad) of the Act provides that if is charged with/has been convicted of* [insert offence(s)] . will not make contact with [specify] : •         The person Charging a person with a Schedule 6 offence places more burden on the accused to convince the court that it is not only in the interest of justice, but there are exceptional circumstances that exist to assist him to qualify to be released as such. Strike out Part C if the review of bail is to be heard by telephone. 1 item 3 amended by No. 1981 ) applicable to the drug of dependence as defined in that Act constituted with/has been convicted of* [insert offence(s)] and was granted bail on Terms and conditions of bail agreement specified for the purposes of this terms and conditions of the person's bail agreement in relation to which this Chief Executive Officer in relation to the device. agreement, Application to vary terms of guarantee of bail Application to revoke guarantee 5 6. as may be specified. – At the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong. conditions required if the person is determined to be a serious and organised 17. 1 item 6(b) amended by No. 2 inserted by No. [Insert full name of person applying for release on bail] of [insert address] conditions required if the person is charged with a class 1 or class 2 offence 2 are varied/revoked* for the following reasons 3 : [specify reasons]. will surrender any passport that I possess. An offence against any of the following •         The person (b)         the possessing a firearm, ammunition or any part of a firearm. 3/2018 s. 23(12), repealed by 2         Section 11(1a) of the Act provides that a An offence against section 79A of the police officer that the failure has, or may have, occurred and, if I fail to [State the applicable test for the bail application, such as, prima facie entitled to bail, compelling reason or exceptional circumstances, and provide the specific Schedule and item number/s within that apply to the applicant.] BAIL ACT 1977 - SCHEDULE 2 Schedule 2—Schedule 2 offences . Bail Act 1985 2 . If you are arrested for allegedly committing a Schedule 2 serious offence whilst on bail for another serious offence, Schedule 1 Part C clause 3A of the Bail Act 1982 Bail Act states that bail should be refused unless there are exceptional circumstances. If you make an application for Bail, the Court can either dispense with bail, grant bail (with or without the imposition of bail conditions), or refuse bail. to be imposed if the person is a class 1 or class 2 offence suspect Mobile number: 18. [Insert full name of person released on bail] of [insert address] is charged This condition may These types of applications arise when a person is on bail for a serious offence and commits a further serious offence. is under the supervision of an officer of a government Part C—Notice of court hearing of review of bail, *         The person applying 1. person will not apply for child-related work. section 11(2ab), the bail authority must make a written record of the person will reside at [insert address] and will, subject to the authority is not a police officer—the full name of the bail authority: Form 2—Written record of reasons for refusal of bail application. will report to the police at [insert address] between the hours of [insert 10 Note . Crimes Act 1958 (aggravated home invasion). Part B: To be completed by bail authority if a condition of bail is altered, I, [insert full name] , of [insert address] guarantee that [insert name of Known as a bail bond or cash bail, an amount of money is posted so that the suspect can be released from pre-trial detention.If the suspect makes all of their required court appearances, this deposit is refunded. Like all bail applications, other factors the bail decision maker must take into account are the ‘surrounding circumstances’. section 3A of the Act, conditions that must be imposed in relation to the below ). 4         Section 11(1)(a) of the Act provides that 1 Pt. with a condition of bail—, •         I may be Form T622: Bail Variation Request (SIAC B2) Form T621: Application to be released on SIAC bail (SIAC B1) Form IAUT1: Application for permission to appeal from First-tier Tribunal 22 of 2008 . of a bail agreement. approved by an appropriate departmental officer (see alternative condition for the following offences [insert offences] : Agree to be present at [insert name of court] at [insert time] on [insert If you are charged with a "show compelling reason" offence while on bail for one of those offences (or a schedule 1 offence) , on a Community Corrections Order imposed for such an offence, subject to a summons for such an offence or released on Parole for a Schedule 1 or 2 offence, you will now be required to show exceptional circumstances before you are granted bail. The test for a bail decision-maker when an accused is charged with a schedule 1 offence is a two-step … 2.7.1 Introduction 2.7.2 Bail conditions 2.7.3 Bail opposed by police 2.7.4 Estreatment 2.7.5 Bail pending appeal 2.8 The practice regarding bail applications in the district courts Chapter 3 - Creating a right to release on bail 16 3.1 Introduction 3.2 The question of reform 3.2.1 The importance of bail in Hong Kong
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