Bail Act Flashcards
1
Q
Who is eligible for bail?
A
- person who is in custody on charge of an offence
- convicted but not sentenced for offence
- person on warrant
- ## person who appears before court to answer summons
2
Q
Considerations when exercising discretion as a bail authority?
A
- gravity of offence
- likelihood that if released the abscond, offend again, interfere with evidence, breach IO
- need for physical protection by the applicant
- medical care
- previous breaches
- other relevant matters
3
Q
When is there a presumption against bail?
A
- prescribed applicants, death by motor vehicle, 19A CLCA, 29 CLCA
- offence against IO by way of violence
Terror suspects
Offence against Child and young peoiple safety act
4
Q
What are police responsibilities RE bail when arresting?
A
As soon as practicable take to designated police facility and take reasonable steps to ensur4e arrested person understands entitlement to apply for release on bail
