Bail Act

Question 1

Section 7 - When are you bailable as of right?

Answer 1

Charged with offence not punishable by imprisonment

Charged with an offence with less than 3 years imprisonment - Unless charged with

Section 194 CA 61 - Assault Child/ MAF
Section 194A CA 61 - APFR

Question 2

Section 7 - when are you not bailable of right

Answer 2

When charged with offence punishable by imprisonment and previously convicted of an imprisionable offence.

Question 3

s 8 - Considerations relating to just cause for continued detection

Answer 3

Fail to appear in court
Interfere with witness/evidence
Offend on bail
Any matter that would make it unjust to detain the defendant

Question 4

Primarily considerations for bail when charged with FV offence

Answer 4

Protect victim of offence
Protect person or people in a family relationship with the victim

Question 5

S10 - bail restriction applies when?

Answer 5

Over 18
Charged with specified offence
Has 1 or more conviction for specified offence

Question 6

S 10 - list specified offences

Answer 6

Sexual violation
Sexual conduct with child u12
Sexual conduct with YP u16
Murder (S 167 and 168)
Manslaughter
Attempted Murder
Wounding with Intent
Injuring with Intent
Aggravated wounding/injury
Using firearm against law enforcement
Commission of crime with FA
Abduction
Kidnapping
Agg Burg
Agg Rob
Robbery
Assault with intent to Rob

Question 7

S - 12 (1)(a)

Answer 7

Charged with

Offence with 3 or more years imprisonment and

On bail for an offence with 3 or more years imprisonment and

Previously received a sentence of imprisonment

Question 8

S 12(1)(b)

Answer 8

Charged with 3 years or more offence and

Previously received 14 sentences of imprisonment and

Previously convicted of offence committed while on bail/at large with 3 or more years imprisonment

Question 9

S 16 - Charged with Drug Dealing

Answer 9

Can only be granted bail by district or high court judge

Question 10

S 21 - notice of police bail bond must contain

Answer 10

Defendants full name and address
Particulars of the charge
Bail conditions
Time, date and place to appear in court
Dated

Question 11

What is R v Bryant case law

Answer 11

Masturbating in pubic and was bailable as of right
Interviewed by different officers
Op Bail prepared

Police need to consider if defendant can be safely released on bail before appearing in court when it becomes the courts responsibility

Question 12

What is R v Bryant case law

Answer 12

Masturbating in pubic and was bailable as of right
Interviewed by different officers
Op Bail prepared

Police need to consider if defendant can be safely released on bail before appearing in court when it becomes the courts responsibility