Prosecutions

Question 1

What are the three questions to ask when considering bail?

Answer 1

1. Is the person bailable by right?
2. Is there a risk the defendant will fail to appear, interfere with evidence or witnesses or offend while on bail?

3.
Can the risk be effectively managed with appropriate bail conditions?

Question 2

What is section 8 of the bail act>

Answer 2

Consideration of just cause for continued detention

Question 3

Outline section 8(1)

Answer 3

(a)
In considering whether there is just cause for continued detention, the court MUST take into account

(i) the defendant may fail to appear in court on the date to which the defendant has been remanded to; or
(ii) the defendant may interfere with witnesses or evidence; or
(iii) the offender may offend while on bail
(b) any matter that would make it unjust to detain the defendant

Question 4

Outline section 8(2)

Answer 4

in considering whether there is just cause for detention under subsection (1) the court MAY take into account the following;

• the nature of the offence with which the defendant is charged and if it is a grave or less serious one of its kind
• the strength of evidence and probability of conviction
• the seriousness of the punishment which the defendant is liable and the severity of the punishment that is likely to be imposed
• character and past conduct or behaviour, in particular proven criminal behaviour of the defendant
• whether the offender has a history of offending while on bail or breaching court orders including order imposing bail conditions
• the likely length of time before the matter come to hearing or trial
• the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody
• any other special matter that is relevant in the particular case