Local Court Bench Book Update 114 updated

The Bail Act 2013

The Bail chapter has been amended to incorporate the amendments made by the Bail Amendment Act 2014 which commenced on 28 January 2015: LW 16.01.15. The amending Act applies to offences committed or alleged to have been committed, or charged, before the commencement of the amendments: Sch 3, Pt 3, s 12. The amending Act requires that bail for certain serious offences be refused unless the accused shows cause why detention is not justified. It also requires the bail authority to consider additional matters in applying the unacceptable risk test. The amending Act also inserts new flow charts for the bail decision and special rules for certain offences. The flow charts are reproduced.

Specific Penalties and Orders — Road transport legislation

The Road Transport Amendment (Mandatory Alcohol Interlock Program) Act 2014 commences on 1 February 2015 (LW 2.01.2015). This Act amends the Road Transport Act 2013 to provide that when a court convicts a person of a mandatory interlock offence (defined in s 209(1)) it must make either a mandatory interlock order (a mandatory period of disqualification) or an interlock exemption order in respect of the offender (ss 209–214). The Specific Penalties and Orders tab has been updated to reflect these changes.