Bail Act

Question 1

What are the 4 considerations of just cause for continued detention

S8(1) Bail Act 2000

Answer 1

A.
S8(1) Bail Act 2000
In considering whether there is just cause for continued detention, the courts MUST take into account:
(a) whether there is a risk that -
(I). The defendant may fail to appear in court 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

Factors relating to just cause for continued detention

A.
S8(2) Bail Act 2000

Answer 2

In considering whether there is just cause for continued detention under subsection 1, the court MAY take into the account the following:

A) Nature and seriousness of offence
B) Strength of evidence and probability of conviction
C) Seriousness and severity of punishment
D) Character, conduct, behaviour of the offender
E) History of offending while on bail or breaching CO
F) length of time before matter comes to hearing
G) possibility of predudice to the defence
H) any other special matter relevant