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26.3.1 - Presumption of bail and exceptions

Any person accused of an offence and being held in custody in relation to that offence has a prima facie entitlement to bail unless the decision maker is required to refuse bail under the BA (BA s4).

Section 4 of the BA “still reflects the common law rule that a person accused of an offence, whether adult or child, has a prima facie entitlement to bail except in the significantly expanded circumstances now detailed in the BA” (former Magistrate Peter Power, Research Materials, 9. Criminal Division – Custody & Bail, page 9.7).

Broadly-speaking, there are three main exceptions to the prima facie entitlement of an accused to bail, and these are:

The expanded circumstances in the BA for which bail may be refused include:

In This Section

26.3.1.1 - Terrorism risk or record

26.3.1.2 - Exceptional circumstances

26.3.1.3 - "Show compelling reason"

26.3.1.4 - Unacceptable risk

26.3.1.5 - Surrounding circumstances

26.3.1.6 – Two-step process for bail determination

See Also

26.3 - Bail proceedings in the Children’s Court

26.3.2 - Considerations in bail determination for Aboriginal person

26.3.3 - Considerations in bail determination for children

26.3.4 - Considerations for the Court

26.3.5 - Extension of bail when hearing adjourned or postponed

26.3.6 - Variation of bail

26.3.7 - Revocation of bail

26.3.8 - Breach of bail condition(s)