[no bill text published] Mandatory Considerations for Granting Bail to Adults and Children

Bail Amendment Bill 2026

Assembly

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Courts and authorised officers must consider the likelihood of a person appearing in court; they must also weigh the risk of the person committing further offences, endangering safety, or obstructing justice.
The best interests of the child is the primary consideration when deciding bail for a child.
Courts must consider if a person is likely to be imprisoned if they are convicted of an indictable offence.
Authorised officers must consider information provided by victims when deciding bail for family violence offences.
Courts and authorised officers must consider trauma history, cultural connections, and the risk of harm in custody for Aboriginal or Torres Strait Islander people.
Decisions for people with disabilities or health conditions must consider required treatment; they must also consider how conditions affect the person's ability to communicate or represent their interests.
Bail assessments for children must consider youth justice principles; they must also weigh maturity, education, and the effect of custody.
Courts and authorised officers must consider the effect of custody and bail conditions on pregnant people and their unborn children.

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