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Bail has been and remains a contentious issue for legislators, courts and the community. The Bail Act 1992 has been subject to many revisions since it was enacted. The Act contains presumptions (for, against and neutral) in relation to bail, depending on the charges and the person’s circumstances. The Act gives the court power to:

  • dispense with bail (release a person from custody without any conditions);
  • grant bail conditionally or unconditionally (release a person from custody with or without conditions);
  • refuse bail.

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