New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT (CRIMINAL JUSTICE INTERVENTIONS) ACT 2002 - SCHEDULE 2

SCHEDULE 2 – Amendment of Bail Act 1978

(Section 4)

[1] Section 9B Additional exceptions to presumption in favour of bail

Insert "or an intervention program order" after "good behaviour bond" in section 9B (1) (d).

[2] Section 9B (4)

Insert after section 9B (3):

(4) In this section:
"intervention program order" has the same meaning as in the Crimes (Sentencing Procedure) Act 1999 .

[3] Section 36A Additional bail conditions for persons benefiting from assessment, treatment or rehabilitation or intervention program

Omit section 36A (1) and (2). Insert instead:

(1) This section applies in circumstances in which the authorised officer or court to whom an application for the granting of bail is made is of the opinion that the person to whom the application relates would benefit from:

(a) undergoing assessment for participation in an intervention program or other program for treatment or rehabilitation, or

(b) participating in an intervention program or other program for treatment or rehabilitation.

(2) In circumstances in which this section applies, either or both of the following conditions may be imposed on the grant of bail:

(a) that the person enter into an agreement to subject himself or herself to an assessment of the person's capacity and prospects for participation in an intervention program or other program for treatment or rehabilitation,

(b) that the person enter into an agreement to:

(i) participate in an intervention program and to comply with any intervention plan arising out of the program, or

(ii) participate in any other program for treatment or rehabilitation.

[4] Section 36A (6) and (7)

Insert after section 36A (5):

(6) Despite subsection (2), neither the Children's Court nor an authorised officer may impose either of the following conditions on a grant of bail to a person who was under the age of 18 years at the time that the offence was committed or alleged to have been committed:

(a) that the person enter into an agreement to subject himself or herself to an assessment of the person's capacity and prospects for participation in an intervention program,

(b) that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.

(7) In this section:
"intervention program" and "intervention plan" have the same meanings as they have in the Criminal Procedure Act 1986 .

[5] Section 37 Restrictions on imposing bail conditions

Insert at the end of section 37 (1) (c):

, or

(d) reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person.

[6] Schedule 1 Savings and transitional provisions

Insert after Part 9:

Part 10 - Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002

20 Bail conditions

(1) Any condition imposed on a grant of bail under section 36A, being a condition in force immediately before the commencement of Schedule 2 [3] to the Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002 , is taken to have been imposed under that section as amended by Schedule 2 [3] to that Act.

(2) Sections 36A and 37, as amended by the Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002 , extend to an offence alleged to have been committed before the commencement of the amendments if a person is charged with the offence on or after that commencement.