Bail

Question 1

Section 8 of the Bail Act lists considerations the court MUST take into account in regards to just cause for detention. List the considerations.

Answer 1

s8(1)(a)

1. Defendant may fail to appear in court on date to which remanded OR
2. Defendant may interfere with witnesses or evidence OR
3. Defendant may offend while on bail AND
   b) any matter that would make it unjust to detain defendant.

Question 2

Section 8 of the Bail Act lists considerations the court MAY take into account in regards to just cause for detention. List the considerations.

Answer 2

2

a) nature of offence, whether it’s grave or less serious one of its kind
b) strength of evidence and probability of conviction
c) seriousness of punishment to which defendant liable and likely to be imposed
d) character and past (criminal) behaviour
e) defendants history of offending while on bail, breaching court orders, orders imposing bail conditions
f) likely length of time before matter comes to hearing or trial
g) possibility of prejudice to defence in preparation of defence if defendant remanded in custody
h) any other special matter relevant in particular circumstances

Question 3

What must the court take into account under s8(4)?

Answer 3

Any views of a s29 victim or their parent or guardian.