Australian Capital Territory
Corrections Management (Bail) Policy 2010
Notifiable instrument NI2010-389
made under the  
Corrections Management Act 2007, section 14(1) (Corrections policies and operating procedures) 

1	Name of instrument
This instrument is the Corrections Management (Bail) Policy 2010.
2	Commencement
This instrument commences on the day after it is notified.
3	Policy
I make the
BAIL policy
attached to this instrument, to facilitate the effective and efficient management of correctional services.

4	Revocation
	This instrument revokes notifiable instrument NI2009-120

James Ryan
Executive Director 
ACT Corrective Services
     13 July 2010

ACT Corrective Services
All Facilities and Opeartions

Bail Policy

Purpose
Authority
Policy
Principles
Surety
Cash Surety
Self Surety
        Warrant Check
Forms and templates
Related policies and procedures

Purpose	
To outline the policy and process by which prisoners have a court bail actioned from an ACT correctional centre.

Authority
Legislation
Corrections Management Act 2007, section 14.
Bail Act 1992, section 31. 

Policy
Principles
Section 31 of the Bail Act 1992 permits the Superintendent or the person currently in charge of the correctional centre to bail a prisoner from a correctional centre (i.e. the Deputy Superintendent, CO3, or CO2 Night Senior).  

The corrections officer bailing the prisoner will ensure that all requirements of the bail are met. This may include evidence of a surety.

Sureties will only be processed between 0900hrs and 1800hrs each day.

The Deputy Superintendent will verify that the bail administration is correct and that no other warrants are held which would prevent the prisoner’s release. 

Surety
A surety is a signed agreement that carries with it a liability to the person acting as a surety in the event that the accused person does not comply with a bail condition.  

Sureties may be by a cash surety or a promise to pay in the event of a breach of bail.

A Court may order that a surety be given before a prisoner is bailed.

Persons acting as sureties must be over the age of 18. A person acting as a surety will produce proof of identity, and anything required to prove the ability to pay the surety. All sureties must be employed and must be able to provide proof of employment.  Persons whose income is derived from welfare benefits or other benefits may only act as a surety where they can produce, to the value of the surety.
·	a term deposit account;
·	share certificates;
·	cash in a bank account;
·	sufficient equity in a mortgage; and/or
·	an unencumbered vehicle.

A person who has pending criminal matters may not act as a surety.

A person who is currently subject to bail conditions or is currently reporting to ACT Corrective Services for any reason may not act as a surety.

A person who is acting as a surety for another person is ineligible to act as a surety for a prisoner.

Where any reasonable doubt exists as to the suitability of any person to act as a surety for a prisoner, the surety will be denied.

A corrections officer conducting a bail is to under no obligation to provide reasons for refusal to a person who has been found unsuitable to act as surety.

A person who resides interstate (i.e. not a resident of the ACT) may only act as a surety if they deposit cash to the amount of the surety required.  

Note: Notwithstanding, a court may nominate a surety. 

Cash Surety 
Cash sureties will be processed and taken to the Admission area of the correctional centre where the bail will commence. 

Self Surety
Self surety bail is a process where the only requirement to secure bail is by the accused person signing the relevant bail undertaking thereby agreeing to comply with the conditions contained therein. The prisoner must confirm their agreement by signing the bail undertaking.

Warrant Check
Checks are to be completed by the Sentence Administration Section and the Deputy Superintendent to ensure that no other warrants are held which would prevent the prisoner’s release. 

The Discharge Checklist is to be completed.

The prisoner will depart the correctional centre via the gate sally port.

The surety will depart the correctional centre through the gatehouse.

Prior to a prisoner release for bail, an independent check is to be completed of the bail administration by the Deputy Superintendent or the most senior corrections officer on duty.

Forms and templates
Notification and Explanation of Bail Conditions
Bail Formal Direction
Bail Discharge Checklist
Bail Application by Accused Person (Affidavit)
Bail Application – Notice of Motion
Discharge Checklist

Related policies and procedures
Bail Procedure
Discharge Procedure