Bail S4(4) Flashcards
What is the categorical difference of s4(2) to s4(4)
S4(2) - bail shall be refused regardless because the
1.onus will be on the pros looking to est
>that he is an unacceptable risk
In contrast
S4(4) - bail shall be refused but has a proviso
- Onus is on the crook - he is in a show cause situation
>looking to est his detention is not justified.
Outline some of the offences that the crook has to SHOW CAUSE that he should not be in detention
- Accused CH with an IO whilst at large still waiting for another indictable matter to be heard
- Accused CH with STALKING - AND
> Last 10 years has been found guilty of stalking OR
Threatened/used violence against person
3.Accused CH with “breaching FV IVO or SN” where violence was threatened/used - AND
> Last 10 years has been found guilty of threatening/use violence against person
4.Accused CH with “breaching a stalking IVO” where violence was threatened/used - AND
> Last 10 years has been found guilty of threatening/use violence against person
5.Accused CH with “aggravated burglary” OR
> acc or co-acc threatened/used firearm, offensive weapon