Bail Act Flashcards
1
Q
When is a defendant bailable of right?
A
S7 Bail Act 2000
When he is charged with an offence of less than 3 years imprisonment
Unless the charge is MAF, assaults child or BOPO
2
Q
What are the 4 considerations of just cause for continued detention
A
S8(1) Bail Act 2000
(a) whether there is a risk that -
(I). The defendant may fail to appear in court
(ii). The Defendant may interfere with witnesses or evidence or,
(iii) the Defendant may offend while on bail; and
(b) any matter that would make it unjust to detain the defendant.
3
Q
Factors relating to just cause for continued detention
A
S8(2) Bail Act 2000
Nature and seriousness of offence Strength of evidence and probability of conviction Seriousness and severity of punishment Character and conduct of the offender Any other matter that is relevant
4
Q
Courts paramount consideration
A
S8(5) Bail Act 2000
The need to protect the victim of the alleged offence
