Bail Act 2000

Question 1

Define Section 7 of the Bail Act 2000 (Bailable as of right)

Answer 1

• Charged with an offence that is not punishable by imprisonment
• Charged with an offence less than 3 year’s imprisonment. ( Excludes family harm and assaults child offences from 194 of the Crimes Act 1961)
• Despite anything in this section the a defendant who is charged with an offence punishable by imprisonment is not bailable as of right if they have been convicted of an offence punishable by death or imprisonment.

Question 2

Define Section 8 of the Bail Act 2000.

Answer 2

• Risk the defendant may fail to appear in court.
• Risk the defendant may interfere with witnesses or evidence.
• Risk the defendant may offend while on bail.
• The nature of the offence.
• The strength of evidence and probability of conviction.
• The seriousness of the punishment and severity of the punishment likely to be imposed.
• Character and past conduct.
• History of offending while on bail and court orders.
• The possibility of prejudice to the defence in preparation of the defence if the defendant is remanded in custody.
• Any other circumstances.
• The need to protect the victim of the offence (Family Harm)
• Any particular person or people in the family relationship with the victim.
• Paramount consideration for contravenes protection order.

Question 3

Define Section 10 of the Bail Act 2000

Answer 3

• Restriction on bail for those charged with a specified offence and has been previously convicted of a specified offence. Includes 17 year olds if charged in the District or High Court. Sexual offences, Murder, Manslaughter, violent assaults including Injures with Intent.

Question 4

Define Section 12 of the Bail Act 2000

Answer 4

Applies to 18 year olds only:

12 1 A - Charged with a crimes act offences for 3 years or more imprisonment. At the time of the offence was on bail or at large awaiting trial for another Crimes Act 3 year offence and has received a term of imprisonment.

12 1B - Charged with a 3 year or more term of imprisonment offences, received 14 or more terms of imprisonment, previously convicted of an offence that was committed whilst on remand or bail that carry’s a 3 year or more term of imprisonment.

Question 5

Define Section 15 of the Bail Act 2000

Answer 5

• A court must release the defendant on bail if the defendant is 18 years of age and has not had a sentence of imprisonment.
• A court must release a defendant on bail if they are 17 years of age, charged with or convicted of any offence in the District or High Court and the defendant has not been sentenced to imprisonment.

Applies to any defendant under 17 that has been charged in the District or High Court and has not had a term of imprisonment.

Question 6

Define Section 16 of the Bail Act 2000

Answer 6

A defendant who is charged or convicted of a drug dealing offence can only be granted bail by a District or High Court Judge.

Question 7

Define Section 21 of the Bail Act 2000

Answer 7

Any Police employee can grant bail to a defendant.

Does not apply to sections 9, 9A, 10, 12, 16 or 17a.

If family harm related police must consider the safety and of the victim and anyone in a family relationship with the victim.

Must give the notice to the defendant, ensure they understand and ensure the defendant signs the notice.

Question 8

Define Section 22 of the Bail Act 2000

Answer 8

Police may place any bail condition on the defendant in relation to family harm if they believe it’s necessary to:

• Protect the victim of the offence.
• Protect any family living with the victim.

Question 9

Define Section 23 of the Bail Act 2000

Answer 9

Must hold for 24 hours following arrest. Police may bail after 24 hours.

Question 10

Define Section 35 of the Bail Act 2000

Answer 10

Police may arrest the defendant is released on court or Police Bail if:

• The defendant has absconded or is about to Abscond for the purpose of evading justice.
• The defendant has contravened or failed to comply with any condition of bail.

Must be bought before a judge as soon a practicable.

Question 11

Define Section 37 of the Bail Act 2000

Answer 11

-The judicial officer or registrar may issue a warrant if the defendant has absconded or about to abscond for the purpose of evading justice.
-Has contravened or failed to comply with any condition of bail.
- Does not attend attend court specified in the bail bond or any time or place to which the court has been adjourned.