Bail Act 2000

Question 1

s8 Consideration of just cause for continued detention

Answer 1

s8 Consideration of just cause for continued detention

(1) In considering whether there is just cause for continued detention, the court must take into account—
(a) whether there is a risk that—
(i) the defendant may fail to appear in court on the date to which the defendant has been remanded; or
(ii) the may interfere with witnesses or evidence; or
(iii) the defendant may offend while on bail; and
(b) any matter that would make it unjust to detain the defendant.
(2) In considering whether there is just cause for continued detention under subsection (1), the court may take into account the following:
(a) the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:
(b) the strength of the evidence and the probability of conviction or otherwise:
(c) the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:
(d) the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:
(e) whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:
(f) the likely length of time before the matter comes to hearing or trial:
(g) the possibility of p_rejudice to the defence_ in the preparation of the defence if the defendant is remanded in custody:
(h) any other special matter that is relevant in the particular circumstances.