CRIMES ACT 1914

Part III - Offences relating to the administration of justice  

Division 2 - Judges and magistrates  

SECTION 34   JUDGE OR MAGISTRATE ACTING OPPRESSIVELY OR WHEN INTERESTED  

Excessive and unreasonable bail

34(1)  
A person commits an offence if:


(a) the person is a judge or magistrate; and


(b) the judge or magistrate is required or authorised by law to admit a person accused of an offence to bail; and


(c) the judge or magistrate requires excessive and unreasonable bail; and


(d) the requirement is an abuse of the judge's or magistrate's office; and


(e) the offence referred to in paragraph (b) is an offence against a law of the Commonwealth.

Penalty: Imprisonment for 2 years.

34(2)  


Subsection (1) does not apply if the judge or magistrate has a reasonable excuse.
Note:

A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

34(3)  
Absolute liability applies to the paragraph (1)(e) element of the offence.

Note:

For absolute liability, see section 6.2 of the Criminal Code .

Acting when interested

34(4)  
A person commits an offence if:


(a) the person is a judge or magistrate; and


(b) the judge or magistrate perversely exercises jurisdiction in a matter; and


(c) the judge or magistrate has a personal interest in the matter; and


(d) the jurisdiction is federal jurisdiction.

Penalty: Imprisonment for 2 years.

34(5)  
Absolute liability applies to the paragraph (4)(d) element of the offence.

Note:

For absolute liability, see section 6.2 of the Criminal Code .




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