Bail

Question 0

Bail act states what?

Answer 0

Everyone has a general right to bail and Liberty

Question 1

What was the name of the bail statute and what was it amended to?

Answer 1

Bail act 1976

Amended to Bail act 1993

Question 2

What are the 5 substantial grounds? (SUG)

Answer 2

1. ) Abscond (don’t turn up to court)
2. ) Reoffend
3. ) Interfere with witnesses
4. ) Information insufficient to make decision
5. ) Dangerous do the defendant to be given bail

ARIID

Question 3

What are the 5 factors to take into account when considering bail? (BANCS)

Answer 3

1. ) Bail record
2. ) Antecedents (previous convictions(
3. ) Nature and serious needed of the crime
4. ) Character, associations and community ties of defendant
5. ) Strength of evidence against them

Question 4

What is conditional bail? Section 3

Answer 4

The person is free but must obey certain rules. For example:
Surrender of passport
Curfew restrictions 
Bail hostel 
Reporting to the police station

Question 5

What restrictions are there for bail?

Answer 5

1. ) For indictable cases the court must give reasons for giving bail
2. ) Repeat serious offence
3. ) Offence while on bail
4. ) Offences not punishable by imprisonment (must be given bail, unless certain circumstances)
5. ) If they are tested for class A drugs