Crimes Amendment (Bail and Sentencing) Act 2006 (171 of 2006)

Schedule 1   Amendments

Crimes Act 1914

3   After section 15AA

Insert:

15AB Matters to be considered in certain bail applications

(1) In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Commonwealth, or in determining conditions to which bail granted to such a person should be subject, a bail authority:

(a) must take into consideration the potential impact of granting bail on:

(i) any person against whom the offence is, or was, alleged to have been committed; and

(ii) any witness, or potential witness, in proceedings relating to the alleged offence, or offence; and

(b) must not take into consideration any form of customary law or cultural practice as a reason for:

(i) excusing, justifying, authorising, requiring or lessening the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates; or

(ii) aggravating the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates.

(2) If a person referred to in subparagraph (1)(a)(i) or (ii) is living in, or otherwise located in, a remote community, the bail authority must also take into consideration that fact in considering the potential impact of granting bail on that person.

(3) In paragraph (1)(b):

criminal behaviour includes:

(a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

(b) any fault element relating to such a physical element.

(4) To avoid doubt, except as provided by subsections (1) and (2), this section does not affect:

(a) any other matters that a bail authority must, must not or may take into consideration in determining whether to grant bail or in determining conditions to which bail should be subject; or

(b) the operation of a law of a State or a Territory.

Note: Subsections (1) and (2) indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903.