Chapter 2: Bail Flashcards
S7 - A defendant is bailable as of right when?
- When charged with offence not punishable by imprisonment
- charged with offence <3yrs
unless:
- assault on child
- male assaults female
- Assault someone in Family Relationship
S8 - What are the considerations for just cause for continued detention the court MUST take into account whether there is a risk the defendant may what? (3)
- fail to appear in court.
- interfere with witnesses or evidence
- offences whilst on bail.
S8 - What are the considerations for just cause for continued detention the court MAY take into account? (8)
- Nature of offences
- Strength of evidence & probability of a conviction
- Seriousness and Severity of the punishment
- Character and past conduct
- History of offending whilst on bail
- Likely length of time before matter comes to court.
- Possible prejudice to the defence
- Other special matters
S10 - Restriction on bail if defendant with previous conviction for specified offences charged with further specified offences applies to a defendant of what age?
of or over 17 years charged in the District Court
S10 - Give 4 examples of a SPECIFIED OFFENCES
S128B - Sexual Violation S132 - Sexual conduct with Child <12 S167 - Murder S171 - Manslaugther S188 - Wounding with Intent S234 - Agg Robbery S232 - Agg Burglary
S10 - No defendant may be granted bail or allowed to go at large except by order of who?
- High Court Judge or a District Court Judge
What is the REVERSE BURDEN OF PROOF?
Defendant can be subject to ‘reverse burden of proof” in bail decision where the defendant has to prove that he or she should be released on bail rather than the prosecutor proving that the defendant should not be released on bail.
S12 - Further restriction on bail in certain cases, the defendant must satisfy the Judge on the balances of probabilities that he will not while on bail or at large commit what? (2)
- any offence involving violence against or danger to the safety of anyone or
- burglary or any other serious property offence. (more than 7 years serious property offences)
S15 - What must the courts think when granting of bail to defendant who is 18 years of age? (2)
- the defendant appears to be 18 years of age and
- has not previously been sentence to imprisonment
S16 - Judge only may grant bail for drug dealing offences by order of who?
High Court or District Court Judge
S21A - Notice of Police bail - A Police employee who grants Police bail must ensure that notice of Police bail is completed and what? (3)
- Give notice to defendant
- Ensure defendant understands conditions of bail and
- Ensure defendant authenticates the notice.
S23 - Can a person arrested for BOPO get Police Bail?
not in the first 24 hours following arrest, after that can be released on bail by Police.
S35 - A defendant on bail may be arrested WW in certain circumstances when? (2)
- defendant has absconded or is about to to evade justice or
- defendant has contravened or failed to comply with any bail conditions.
(note: if defendant is K9 for above, he cannot be bailed as of right)
S37 - Who can issue a WTA absconding or BOB or fails to answer bail?
A Judicial Officer or Registrar.
s 7 (4) When is a defendant not bailable as of right?
Not bailable of right if charged with offence punishable by imprisonment after previously convicted of offence punishable by imprisonment.
