5 Conditions of bail S. 5 amended by (1) A court considering the release of an accused on Nos 10087 s. 3(1)(Sch. 1 bail must impose a condition that the accused will item 4), surrender into custody at the time and place of the 16/1987 hearing or trial and then will not depart without s. 12(Sch. 2 item 3(b)), leave of the court and, if leave is given, will return 23/1994 at the time specified by the court and again s. 118(Sch. 1 item 4.1(a)(b)), surrender into custody. 97/2005 s. 182(Sch. 4 (2) A court considering the release of an accused on item 4), 68/2009 bail must consider the conditions for release in the s. 97(Sch. following order— items 11.1, 11.3, 11.4), (a) release of the accused on his or her own 13/2010 s. 51(Sch. undertaking without any other condition; item 7), substituted by (b) release of the accused on his or her own No. 70/2010 undertaking with conditions about the s. 8. conduct of the accused; (c) release of the accused with a surety of stated value or a deposit of money of stated amount, with or without conditions about the conduct of the accused. (2A) Without limiting subsection (2), a court may S. 5(2A) inserted by impose all or any of the following conditions No. 44/2013 about the conduct of an accused— s. 4. (a) reporting to a police station; (b) residing at a particular address; (c) subject to subsection (2B), a curfew imposing times at which the accused must be at his or her place of residence; (d) that the accused is not to contact specified persons or classes of person; Example Witnesses, alleged victims or co-accused. (e) surrender of the accused's passport;
S. 5 amended by Nos 10087 s. 3(1)(Sch. 1 item 4), 16/1987 s. 12(Sch. 2 item 3(b)), 23/1994 s. 118(Sch. 1 item 4.1(a)(b)), 97/2005 s. 182(Sch. 4 item 4), 68/2009 s. 97(Sch. items 11.1, 11.3, 11.4), 13/2010 s. 51(Sch. item 7), substituted by No. 70/2010 s. 8. 5 Conditions of bail (1) A court considering the release of an accused on bail must impose a condition that the accused will surrender into custody at the time and place of the hearing or trial and then will not depart without leave of the court and, if leave is given, will return at the time specified by the court and again surrender into custody. (2) A court considering the release of an accused on bail must consider the conditions for release in the following order— (a) release of the accused on his or her own undertaking without any other condition; (b) release of the accused on his or her own undertaking with conditions about the conduct of the accused; (c) release of the accused with a surety of stated value or a deposit of money of stated amount, with or without conditions about the conduct of the accused. S. 5(2A) inserted by No. 44/2013 s. 4. (2A) Without limiting subsection (2), a court may impose all or any of the following conditions about the conduct of an accused— (a) reporting to a police station; (b) residing at a particular address; (c) subject to subsection (2B), a curfew imposing times at which the accused must be at his or her place of residence; (d) that the accused is not to contact specified persons or classes of person; Example Witnesses, alleged victims or co-accused. (e) surrender of the accused's passport;
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