Crimes Act. Australia

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СКАЧАТЬ satisfied that exceptional circumstances exist to justify bail.

      (2) This subsection covers:

      (a) a terrorism offence (other than an offence against section 102.8 of the Criminal Code); and

      (b) an offence against a law of the Commonwealth, if:

      (i) a physical element of the offence is that the defendant engaged in conduct that caused the death of a person; and

      (ii) the fault element for that physical element is that the defendant intentionally engaged in that conduct (whether or not the defendant intended to cause the death, or knew or was reckless as to whether the conduct would result in the death); and

      (c) an offence against a provision of Division 80 or Division 91 of the Criminal Code, or against section 24AA of this Act, if:

      (i) the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or

      (ii) conduct that is a physical element of the offence carried a substantial risk of causing the death of a person; and

      (d) an ancillary offence against a provision of Division 80 or Division 91 of the Criminal Code, or against section 24AA of this Act, if, had the defendant engaged in conduct that is a physical element of the primary offence to which the ancillary offence relates, there would have been a substantial risk that the conduct would have caused the death of a person.

      (3) To avoid doubt, the express reference in paragraph (2)(d) to an ancillary offence does not imply that references in paragraphs (2)(a), (b) or (c) to an offence do not include references to ancillary offences.

      (3A) Despite any law of the Commonwealth, the Director of Public Prosecutions or the defendant may appeal against a decision of a bail authority:

      (a) to grant bail to a person charged with or convicted of an offence covered by subsection (2) on the basis that the bail authority is satisfied that exceptional circumstances exist; or

      (b) to refuse to grant bail to a person charged with or convicted of an offence covered by subsection (2) on the basis that the bail authority is not satisfied that exceptional circumstances exist.

      (3B) An appeal under subsection (3A):

      (a) may be made to a court that would ordinarily have jurisdiction to hear and determine appeals (however described) from directions, orders or judgments of the bail authority referred to in subsection (3A), whether the jurisdiction is in respect of appeals relating to bail or appeals relating to other matters; and

      (b) is to be made in accordance with the rules or procedures (if any) applicable under a law of the Commonwealth, a State or a Territory in relation to the exercise of such jurisdiction.

      (3C) If:

      (a) a bail authority decides to grant bail to a person charged with or convicted of an offence covered by subsection (2); and

      (b) immediately after the decision is made, the Director of Public Prosecutions notifies the bail authority that he or she intends to appeal against the decision under subsection (3A);

      the decision to grant bail is stayed with effect from the time of the notification.

      (3D) A stay under subsection (3C) ends:

      (a) when a decision on the appeal is made; or

      (b) when the Director of Public Prosecutions notifies:

      (i) the bail authority; or

      (ii) if an appeal has already been instituted in a court — the court;

      that he or she does not intend to proceed with the appeal; or

      (c) 72 hours after the stay comes into effect;

      whichever occurs first.

      (4) To avoid doubt, except as provided by subsections (1), (3A), (3B), (3C) and (3D), this section does not affect the operation of a law of a State or a Territory.

      Note: These provisions indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903.

      (5) In this section:

      ancillary offence has the meaning given in the Criminal Code.

      primary offence has the meaning given in the Criminal Code.

      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.

      15A Enforcement of fines etc.

      (1) A law of a State or Territory relating to the enforcement or recovery of a fine imposed on an offender applies to a person convicted in the State or Territory of an offence against a law of the Commonwealth. The law applies:

      (a) СКАЧАТЬ