New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 36

36 Conditions of bail

(1) Bail may be granted unconditionally or subject to conditions imposed by instrument in writing.

(2) Subject to sections 36A and 36B, one or more of the following conditions only may be imposed on the grant of bail:

(a) that the accused person enter into an agreement to observe specified requirements as to his or her conduct while at liberty on bail, other than financial requirements (whether for the giving of security, the depositing of money, the forfeiture of money or otherwise) and other than requirements of the kind referred to in paragraph (a1) or section 36A (2),

(a1) that the accused person enter into an agreement to reside, while at liberty on bail, in accommodation for persons on bail,

(b) that one or more than one acceptable person (other than the accused person) acknowledge that he or she is acquainted with the accused person and that he or she regards the accused person as a responsible person who is likely to comply with his or her bail undertaking,

(c) that the accused person enter into an agreement, without security, to forfeit a specified amount of money if the accused person fails to comply with his or her bail undertaking,

(d) that one or more than one acceptable person (other than the accused person) enter into an agreement or agreements, without security, to forfeit a specified amount or specified amounts of money if the accused person fails to comply with his or her bail undertaking,

(e) that the accused person enter into an agreement, and deposit acceptable security, to forfeit a specified amount of money if the accused person fails to comply with his or her bail undertaking,

(f) that one or more than one acceptable person (other than the accused person) enter into an agreement or agreements, and deposit acceptable security, to forfeit a specified amount or specified amounts of money if the accused person fails to comply with his or her bail undertaking,

(g) that the accused person deposit with an authorised officer or court a specified amount of money in cash and enter into an agreement to forfeit the amount deposited if the accused person fails to comply with his or her bail undertaking,

(h) that one or more than one acceptable person (other than the accused person) deposit with the authorised officer or court a specified amount or specified amounts of money in cash and enter into an agreement or agreements to forfeit the amount or amounts deposited if the accused person fails to comply with his or her bail undertaking,

(i) that the accused person surrender to the authorised officer or court any passport held by the person.

(2A) In considering whether to impose a condition referred to in subsection (2) (a1), the authorised officer or court is to consider whether placement in accommodation for persons on bail is available and suitable for the accused person. In considering the suitability of placement, the authorised officer or court is to have regard to the background of the accused person, particularly if the accused person is an Aboriginal person or a Torres Strait Islander.

(2B) The Minister for Corrective Services is to ensure that adequate and appropriate accommodation for persons on bail is available for the purposes of the placement of persons on bail.

(3) The determination as to:

(a) which person or persons, or class or description of persons, are acceptable persons for the purposes of a condition referred to in subsection (2) (b), (d), (f) or (h) and the number of acceptable persons required for those purposes, or

(b) the nature and sufficiency of security that is acceptable security for the purposes of a condition referred to in subsection (2) (e) or (f),

shall be made by:

(c) the authorised officer or court imposing the condition, or

(d) in the absence of a determination by the officer or court referred to in paragraph (c)-the officer or court to whom the bail undertaking is given.

(4) The regulations may require an acknowledgment under this section to contain such details, to be provided by the person making the acknowledgment, as are prescribed respecting the circumstances in which the person is acquainted with the accused person.

(5) An agreement or acknowledgment under this section shall be in writing.

(6) A condition, agreement or acknowledgment under this section may be entered into or made in respect of more than one offence.