Bail Act Flashcards
What year is the Bail Act?
The Bail Act 2013
What year is the bail amendment Act?
2014
Does the Bail Act apply to children/under 18?
Yes, it allows them two applications before they need fresh evidence and there is no show cause requirement.
What is bail?
S 7
The authority to be at liberty for an offence.
Can bail apply to non offenders
S 8 - yes it can, to people such as witnesses
What kind of Bail Applications can be made?
- Release
- Variation
- Detention
Who is a Bail Authority?
A police officer, an authorise justice or a court
What bail decisions can be made?
S 8
- Release without conditions
- Dispense
- Grant
- Refuse
What does the preamble say parliament considered when drafting the act?
- Need to ensure safety of victim of crime, individuals and community
- The need to ensure the integrity of the justice system
- The common law presumption of innocence and the general right to be at liberty
What must a bail authority do when considering a show case offence?
They must refuse bail unless the accused person shows cause as to why his or her detention is not justified.
What section outlines Show cause offences?
Section 16B
What are some examples of a show cause offence?
- Carry 20 years in prison
- adult sex offender where victim is under 16
- serious drug offences
- if serious indictable offence committed whilst on bail or parole
What is a serious indictable offence
S 4 of crimes act - punishable by imprisonment for more than 5 years
What is a serious personal violence offence? (SPVO)
Defined in part 3 of the crimes act. Carries imprisonment of 14 years or more.
How does an accused show cause?
- Consider the strength of the prosecution case
- The length of time the accused will spend in custody if convicted
- Special or urgent medical needs
What did the Court consider in DPP v Tikomaimelaya?
Must consider show cause first and if cause is shown you can then go on to the risk assessment model.
If no cause is shown by the accused then bail must be refused and no need to consider the risks
What are the 6 principles of show cause? In Moukhallaletti v DPP
- Show cause test is seperate to unacceptable risk
- Factors not stated in act
- Overlap of factors for show cause and s 18
- May be one or a combination of factors that show cause
- Special/exceptional circumstances are not required
- Bail cases provide little precedent value on fact issues
What is a right to release offence?
A fine only offence or a summary offence (unless excluded by the act)
You may release without bail or bail with or without conditions
What are bail concerns under section 17?
- Fail to appear at any proceedings for the offence
- Commit a serious offence whilst on bail
- Endanger the safety of victims, individuals or the community
- Interfere with witnesses or evidence
What does s 18 of the act define as a serious offence? Or to assist in determining the seriousness of an offence?
1 an offence of a sexual or violent nature.
- Involves the possession or use of an offensive weapon
- Likely effect of victim/community in general
- The number of offences likely to be committed if granted bail
Can you consider bail conditions when addressing unacceptable risk?
Yes in accordance with section 20A (p)
What section of the act covers things that can be considered when addressing unacceptable risk?
Section 20A
What does section 19 (1) allow
Bail authority must refuse bail if satisfied that the bail concerns still mean that there is an unacceptable risk
What does risk = likelihood x consequence mean?
Consider the likelihood of something happening and importantly its consequences.
Terrorism - low likelihood x horrific consequence = unacceptable risk
