Bail S4(4) Flashcards

1
Q

What is the categorical difference of s4(2) to s4(4)

A

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

  1. Onus is on the crook - he is in a show cause situation
    >looking to est his detention is not justified.
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2
Q

Outline some of the offences that the crook has to SHOW CAUSE that he should not be in detention

A
  1. Accused CH with an IO whilst at large still waiting for another indictable matter to be heard
  2. 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

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