Bail Act

Question 1

Section 8 (1) Bail Act - just cause for continued detention

Answer 1

(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 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) Bail Act

Answer 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 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.