In assessing whether an unacceptable risk exists under s 19 of the Bail Act 2013 for serious sexual offences, the court will weigh the strength of the prosecution case (including its difficulties), the respondent's criminal history, the likely length of pre-trial custody, the conditions of that custody, and the adequacy of bail conditions including curfew and enforcement conditions to address the risk of further offending. The length of pre-trial custody under onerous protection conditions is a significant factor weighing against detention.
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