Download Bail Conditions: Understanding the Role of Medical Examinations and Third Parties and more Exams Civil Law in PDF only on Docsity! Fact sheet - Conditions of bail 1. What is bail? Bail is the temporary release of a person from custody, based on a written commitment or promise by the person that they will appear in court on the next occasion when their case comes before the court. This commitment may also be required from a surety or sureties for the person. A surety is a third party who agrees in writing to pay a specific amount of money if the person fails to comply with their bail undertaking to appear in court. To be granted bail, a person may be required to agree to specified conditions for their release on bail. 2. What is a condition of bail? A condition of bail is a commitment or promise agreed to by the person. Section 11 of the Bail Act 1980 (the Bail Act) provides for the court or the police officer granting bail to impose special conditions on the person’s release on bail if deemed necessary. Special conditions of bail may include: reporting to a specified police station on a regular basis living at a specified address having someone act as a surety for the person. 3. What are the provisions for conditions of bail that direct a person to undergo a medical examination? Section 11(6) of the Bail Act provides for a court to grant bail subject to conditions that require the person to undergo an examination of the person’s physical or mental condition by a doctor at a specified institution or place (e.g. a mental health service) other than a high security unit under the Mental Health Act 2000 or by a specified doctor. If the condition requires a medical examination, the court must arrange for a statement that includes the reasons for the investigation and the information before the court about the person’s physical or mental condition to be given to the institution, place or doctor. Once the examination has been completed and the health service or doctor is satisfied the person can be discharged, the person should then be released as soon as practicable to the surety or the agreed residential address. Additionally, a Magistrates Court may impose a condition that the person participates in rehabilitation, treatment or other intervention program or course. 4. Who can conditions of bail be applied to? Conditions of bail are applied to the person charged with the offence. A third party is not legally bound by a person’s condition of bail unless they have given a commitment as a surety. Other than providing surety, there are no provisions in the Bail Act for bail conditions to be undertaken by a third party on behalf of a person. Nonetheless, a court may impose bail conditions which implicate a third party e.g. a clinician or mental health service. These conditions may include: the person being released on bail to a specified hospital or mental health service the person being required to provide specific reports prepared by a stated hospital or mental health service a clinician being required to report on the person’s compliance with their bail conditions.
