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The Laws of Fiji
Last Updated: 15 February 2021

[BAI 16] Evidence of residence16 

16
(1) A person who is granted bail by a police officer or a court must at the time of the granting of bail provide the police, or to the court, as the case may be, details of the person’s residential address.
(2) A person who is granted bail and is found to have given a false residential address is liable to be arrested on a warrant by the court and section 25 then applies.
(3) Subject to subsections (5) and (6), where a person who is charged with a domestic violence offence is granted bail the person must reside at the residential address stipulated in the bail conditions until the hearing of the case.

[subs (3) subst Decree 33 of 2009 s 82 and Sch, effective 1 December 2009]

(4) Subject to subsection (5) where a person who is charged with an offence other than a domestic violence offence is granted bail the person must reside at the address provided under subsection (1) until the hearing of the case.

[subs (4) subst Decree 33 of 2009 s 82 and Sch, effective 1 December 2009]

(5) If the accused person wishes to reside elsewhere than at the address at which the person is required to reside in accordance with subsection (3) or (4), the person must, in writing or in person notify the police officer or the bail officer, as the case may be, and that officer must either make a decision or obtain a decision of the court, as the case may be, on whether the bail undertaking should be varied accordingly.

[subs (5) insrt Decree 33 of 2009 s 82 and Sch, effective 1 December 2009]

(6) Where a person is charged with a domestic violence offence a police officer or a court must have regard to the following in making a decision about where the person may reside while on bail—
  • (a)if the person’s residential address is also the normal residential address of a specially affected person, unless it appears safe for each specially affected person and that person or those persons are agreeable, it must be a condition of bail that the accused reside at a residential address other than that residential address while on bail;
  • (b)where paragraph (a) applies, the accommodation needs of a specially affected person have priority over the accommodation needs of the accused person.

[subs (6) insrt Decree 33 of 2009 s 82 and Sch, effective 1 December 2009]