Bail Act 2013 Part 3 & 8

Question 1

What is a show cause offence for bail

Answer 1

Offence punishable by imprisonment for life
Serious indictable that involves:
Sexual intercourse under 16 by person over 18
Inflict ABH with intent to have sexual intercourse on person under 16 by person over 18
Serious personal violence offence involving wounding/GBH if previously convicted of serious personal violence offence
Serious indictable offence - firearm offences
Commercial drug offences
Serious indictable offences whilst on bail/parole

Question 2

What are the Assessment of bail concerns

Answer 2

Fail to appear
Commit a serious offence
Endanger victims, community
Interfere witness/evidence

Question 3

What matters should be considered as part of the bail assessment

Answer 3

Criminal history
Seriousness of offence
Strength of the prosecution case
History of violence
Previous serious offence on bail
Compliance with previous orders - bail,AVO, parole etc
Safety of the victims/witnesses and community
Connections or support for terrorism.

Question 4

What offence have a right of release

Answer 4

Fine only offence
Offence under summary offence act
Offence under young offenders Act

Question 5

What summary offences are excluded from right of release

Answer 5

Obscene exposure - if previous conviction
Violent disorder - if previous conviction
Offences involving knives & offensive implements - previous convictions
Custody/use of laser pointer
Child sex offender near premises frequented by children

Question 6

What action can a police officer take when breach of bail occurs

Answer 6

No action
Warning
Application notice to appear at court
CAN
Arrest and charge
Apply for warrant

Question 7

What matters should be considered when taking action about a breach of bail.

Answer 7

Seriousness/triviality of the breach
Reasonable excuse
Circumstances
Whether alternative course of action is appropriate