Bail Act 2000

Question 1

Explain Section 8(1) - Bail Act 2000

In considering whether there is just cause for continued detention what MUST the court take into account?

Answer 1

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 FTA in court on the date to which the defendant has been remanded; or
(ii) the defendant 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.

Question 2

Section 8(2) -

In considering whether there is just cause for continued detention what MAY the court taken into account? (a - h)

Answer 2

Section 2 - Consideration of just cause for continued detention

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 PREJUDICE 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