BAIL ACT

Question 1

Bail Act 2000
Under Section 7(rules as to granting bail)

name 2 conditions where a person is bailable as of right ?

Answer 1

• Charged with an offence not punishable by imprisonment

- Penalty less that 3yrs

Question 2

Bail Act 2000

Under Section 7, when is the person not bailable as of right ?

Answer 2

When they have been previously convicted of an offence punishable by imprisonment or family harm related

Question 3

Bail Act 2000
Under Section 7, a defendant who is NOT bailable as of right, must be released on reasonable terms and conditions by the court… UNLESS ?

Answer 3

The court is satisfied that there is just cause for continued detention

Question 4

Bail Act 2000
Under Section 8(1), when considering whether there is just cause for continued attention, what risks must the Court take into account ?

Answer 4

Whether there is risk that:

• The defendant may fail to appear; OR
• interference with witnesses or evidence; OR
• May offend while on bail; AND
• Any matter that would make it unjust to detain the defendant

Question 5

Bail Act 2000
Under Section 8(2), the court outlines 8 further points for considering whether there is just cause for continued attention, name them?

Answer 5

• Nature of the offence
• Strength of evidence and probability of conviction
• Seriousness of punishment likely to be imposed
• Character and past conduct/behaviour
• History of offending on bail
• Length of time before trial
• Any prejudice to the defence in preparing case
• Any other special circumstances

Question 6

Bail Act 2000
Under Section 10, if a person is charged with a specified offence, and they have a previous conviction for any specified offence, can bail be granted by the courts?

Answer 6

Yes, but only after satisfying a High Court or District Court Judge that Bail is warranted … THAT on the “balance of probabilities” will not commit offences involving violence or cause danger of safety to any person (reverse burden of proof)

Question 7

Bail Act 2000
Outline Section 12 (1) and (2) in relation to 17yrs +, Further Restriction on Bail

(On bail and re offends)

Answer 7

1.
- charged with 3 yrs + offence

• time of offence, bailed for 3yr + offence
• previously sentenced prison

2.
- charged with 3 yrs + offence

• previously imprisoned 14+ times
• previous convicted while on bail for offence 3yrs+

Question 8

Bail Act 2000
Under Section 12 (5) - Further Restriction on Bail, what must the defendant convince the judge (High or District Court) ?

Answer 8

Balance of Probabilities will not while on bail commit;

• violent offence, or endanger safety of any person; OR
• burglary or any serious property offence (means 7yrs+)

Question 9

Bail Act 2000

Under Section 12, Further Restriction on Bail, what are the 2 primary considerations made by the court?

Answer 9

The need to protect the public AND where appropriate … need to protect victim(s) of alleged offence

Question 10

Bail Act 2000
Under Section 12, Further Restriction on Bail, does a sentence of imprisonment include a sentence of “Corrective Training” imposed under Criminal Justice Act 1985 or any former Act ?

Answer 10

Answer = YES

Question 11

Bail Act 2000

Under Section 15, a Defendant charged or sentenced with an offence, must be released on bail if … ?

Answer 11

• is 18yrs old
• not previously sentenced to imprisonment

(This is still subject to other Bail Sections, 7, 9-12, 16-17A and OT arrangements if aged 17-20yrs under s.175 CPA 2011)

Question 12

Bail Act 2000

Under Section 16, a defendant charged or convicted with drug dealing may be granted bail by whom ?

Answer 12

High Court or District Court judge, but not otherwise

Question 13

Bail Act 2000

Under Section 21, what may a police employee do in regards to police bail for a defendant ?

Answer 13

If he considers it “prudent to do so”, may be granted bail to person arrested and charged with offence … unless other parts of Bail Act apply

Question 14

Bail Act 2000
Under Section 21(3), When determining whether “it is prudent to grant police bail” against s.49 Dom. Violence Act, the Police Employee must … ?

Answer 14

Make the need to protect the victim the “paramount consideration”

Question 15

Bail Act 2000

Under Section 21A(4), The date for the attendance at court must be no later than how many days? relating to bail

Answer 15

14 days from the date of the notice

Question 16

Bail Act 2000
Under Section 21B(2) and (3), a Police Employee can impose additional conditions, the same as a judicial officer … but subject to what ?

Answer 16

Bailing to court within the 7 days.

Question 17

Bail Act 2000

Under Section 35(1), a defendant can be arrested w/w if Constable believes on RG … What ?

Answer 17

• The defendant has absconded or is about to abscond
• or failed to comply with conditions

-Breaching bail

Question 18

Bail Act 2000
When executing a warrant to arrest for breaching bail or absconding under section 37, what must a constable have during the execution of the warrant

Answer 18

• The warrant or a copy
• Produce it
• Police ID if not in uniform

Question 19

Bail Act 2000
Case Law - R v BRYANT
What was held in relation to his appeal to have charges dismissed, being that he was “bailable as of right” and argues that he should have been released prior to more statements being taken ?

Answer 19

Police had exercised discretion not to grant bail (pursuant to the new sec 21)

Police are to consider whether defendant can safely be released prior to court

Question 20

When is a defendant BAILABLE as of right?

Answer 20

1. Charged with an offence that is NOT punishable by imprisonment
2. Charged with an offence for which maximum punishment is less than 3 years imprisonment (unless 194 CA - Family harm)

**exception if previous conviction of an offence punishable by death or imprisonment

Question 21

S16 Who can grant bail for drug dealing offending?

Answer 21

Bail granted only by a high court judge or district court judge but not otherwise.

Question 22

What must a notice of Police Bail state?

Answer 22

Defendants full name and address

Charge particulars

Conditions of bail

time date and place for attendance at court

Any other relevant information

Be dated.

Question 23

When giving bail - what must police ensure happens upon release?

Answer 23

A) Give notice of police bail to the defendant
B) ensure they understand the conditions of bail
C) ensure the Defendant authenticates the notice

The date for court appearance must not be later than 14 days from the date of the notice

Question 24

If a person is charged with a breach of protection / family violence act charge order when can they be bailed?

Answer 24

Cannot be released within 24hours.