2. Bail Act 2000 Flashcards
When is a defendant bailable as of right?
When they are charged with an offence that is not punishable by imprisonment. Section 7, Bail Act 2000
Are you bailable as of right if you are charged with assault on a child, male assaults female or assault person in a family relationship?
No. However the defendant is bailable as of right if they are charged with any other offence with a maximum punishment that is less than three years imprisonment
What must a Court consider as just cause for continued detention?
Whether there is a risk that the defendant may fail to appear, the defendant may interfere with witnesses or evidence, the defendant may offend while on bail, and any matter that would make it unjust to detain the defendant.
What may the Court take into consideration for just cause for continued detention?
The nature of the offence, the strength of the evidence, the seriousness of the punishment, the character and past conduct or behaviour, the defendants history whilst on bail, the likely length of time until court, and any other matter relevant.
What is the Courts primary consideration in relation to bail for a person charged with a family violence offence?
… the need to protect the victim of the alleged offence, and any particular person or people in a family relationship with the victim.
What are the rules of bail for breach of protection order, sec 113 FVA 2018?
If a person is arrested for breach of protection order, the person must not be released on Police bail during the 24 hours immediately following arrest.
Police should bring a person before the Court as soon as possible.
If the person does not get to Court during the 24 hours following arrest the person may, at the end of 24 hours be released on Police bail.
Section 12, Bail Act 2000
Applies if the defendant is of or over 18 years and;
-Charged with an offence with a max sentence of 3+ years imprisonment, and
-At the time of the offence was remanded at large or on bail for another offence 3+ years imprisonment, and
-Has at any time received a sentence of imprisonment
Or,
-Has previously received 14 or more sentences of imprisonment, and
-Has previously been convicted of a 3+ years imprisonment offence committed whilst remanded at large on bail.
No defendant can be granted bail except for by order of a High Court Judge or District Court Judge.
Section 12, Bail Act 2000… cont’d
When deciding whether or not to grant bail to a defendant and section 12 applies, the need to protect the safety of the public and the safety of victims are the primary considerations for the Judge.
