Bail Conditions (ACT)
When a person applies for bail in the ACT, the bail decision maker must consider whether they should be released on bail. It must also consider what conditions are appropriate to impose if the person were released on bail. This page deals with bail conditions in the ACT, both for adults and young people.
Legislation
In the ACT, decisions about bail are governed by the Bail Act 1992.
A decision maker that is considering granting bail to a young person must also have reference to the principles set out in the Children and Young Persons Act 2008.
Breach of bail is an offence under the Crime Act 1900.
What is bail?
Bail is the conditional release of a person who has been charged with criminal offences for which court proceedings are ongoing.
A person who is released on bail must attend court when required to do so to finalise their criminal charges and must not commit an offence punishable by imprisonment while on bail.
In some cases, when the police or a court releases a person on bail, additional bail conditions are imposed to allay specific concerns about the person’s release. The conditions that may be imposed on a person’s bail are set out in section 25 and section 26 of the Bail Act 1992.
Conduct conditions
A person who is granted bail may have conduct conditions imposed.
Conduct conditions are bail conditions that limit what the person is allowed to do while they are on bail – including where they are allowed to go and who they are allowed to associate with.
Examples of conduct conditions that may be imposed are the following.
- That the person must live at a particular address
- That the person must attend work
- That person must abide by a curfew
- That the person must report to the local police at specified times
- That the person must not consume alcohol or illicit drugs, and must submit to drug and alcohol testing
- That the person must not contact specified persons, such as alleged victims or alleged co-offenders
- That the person must not attend specified places, such as the home or workplace of alleged victims, or licensed premises
- That the person must receive psychiatric or other medical treatment
- That the person must submit to supervision by Community Corrections
- That the person must participate in a specified program – for example, an alcohol rehabilitation program.
Limits on bail conditions for adults
A bail decision maker must not impose a bail condition unless it is necessary for one or more of the following purposes:
- To ensure the person attends court when required to do so
- To protect a person from harm
- To prevent the accused from interfering with evidence or obstructing the course of justice
- To prevent the accused from committing an offence
Bail sureties
In some cases, a person may be granted bail with the condition that a person provide a bail surety.
A bail surety is an amount of money that a person agrees to forfeit if the accused does not attend court when required to do so.
An accused person may be required to provide a bail surety for themselves or another person may be required to provide a bail surety. This may be the person’s employer, a family member, or some other person.
The bail decision maker may require the bail surety to deposit the money with the court registry upfront. Alternately, the person may be required to sign an undertaking agreeing to forfeit the amount if the person does not attend court.
Bail conditions for children
When a young person is released on bail, the bail decision maker may impose any of the conditions listed above. However, if the young person is to be subject to supervision while on bail, they will be supervised by Youth Justice, not by Community Corrections.
A bail decision maker considering an application for bail by a young person may also impose any condition that is appropriate:
- having regard to the principles set out in the Children and Young People Act 2008
- in the best interests of the young person.
This means that there is a wider discretion when imposing bail conditions on a young person than when dealing with an adult.
Breach of bail
Under section 166 of the Crimes Act 1900, when a person who is on bail fails to attend court when required to do so, they are guilty of an offence. This offence is punishable by a maximum penalty of a fine of 200 penalty units, imprisonment for two years, or both.
In the ACT, a person who breaches their bail by failing to follow their bail conditions is not guilty of a criminal offence. However, as a result of the breach, they may have their bail revoked or the conditions of their bail changed.
A person who breaches their bail will be less likely to be granted bail in the future.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.