Bail Act 2000 Flashcards
Sec 7 Rules for granting bail.
Bailable as of right if charged with an offence that is not punishable by imprisonment.
A defendant is bailable as of right if charged with an offence which the maximum penalty is less than 3 yrs imprisonment, unless relates to assault on child, male on female, or assault on a person with whom the defendant is or has been in a family relationship.
Not bailable as of right if the defendant has been previously convicted of an offence punishable by death or imprisonment.
A defendant not bailable as of right must be released on reasonable terms unless court is satisfied there is just cause for continued detention.
Sec 8 Consideration for continued detention
The defendant may fail to appear
Interfere with witnesses or evidence
May reoffend whilst on bail
Any other matter
Must consider:
Nature of offending Strength of evidence Seriousness of punishment Character and past conduct History of offending whilst on bail Time delay until hearing Possibility of prejudice to defence if remanded Other special matter
Family harm offence:
The primary consideration is the need to protect,
the victim, any person or property or people in family relationship.
If to grant bail court must take into consideration the views of the victim.
Sec 10- restriction on bail if previously convicted of specified offence.
18 yrs + charged with a specified offence, and who has 1 or more convictions for specified offence.
17yrs + charge with a specified offence, and who has 1 or more convictions for specified offence.
Only granted bail by a HC or DC Judge
The defendant must satisfy the judge on the balance of probabilities that the defendant will not while on bail commit an offence involving violence against, danger to the safety to any person.
The need to protect the safety of the public paramount.
Sec 15 Granting bail 18 yrs or younger
appears to the court at 18yrs
not previously sentenced to prison
Sec 16 Drug dealing
Only to be granted bail by a HC judge or DC judge
Sec 21 Police employee may grant bail
Police member may grant bail if they see prudent.
Has been arrested without warrant
Sec 21A Notice of Police bail
Police employee to make sure notice of bail completed.
Police bail must:
The defendants full name and address
Particulars of the charge
Conditions of bail and date of court hearing
Any other information
Be dated
Give notice of Police bail to the defendant
Ensure defendant understands
Defendant authenticates the notice
Appear not late than 14 days
Sec 23 Bail and Breach of Protection Order
Must not be released for 24hrs
Bring person to court as soon as possible
After 24hrs if no court available release on Police bail
If also charged with other offences including breach of PO cannot be released earlier.
Case law Bryant
Prudence- Requires constable to consider whether a defendant can safely be released until he or she becomes the responsibility of the court.
