Points to be considered
9 Points to be considered
The main points to be taken into account in the bail decision are —
Before trial
Whether you might fail to appear in court, or whether you might commit an offence, or endanger persons or property or interfere with witnesses.
Whether you need to be kept in custody for your own protection.
In the case of an adult, whether the prosecutor has put forward reasons for refusing bail.
In considering the points in (i) above the main factors to be taken into account are the seriousness of the offence, the strength of the prosecution case, your personal background and circumstances and whether you have failed to answer bail in the past.
During trial
Whether, in addition to the above, there is reason to believe that the trial may be adversely affected if you are not kept in custody.
After conviction
If you have been imprisoned, bail may be granted for an appeal from a decision of the Magistrates Court or the Children’s Court or, in exceptional circumstances, from a decision of a superior court.
If you are awaiting sentence, bail may be granted at the discretion of an appropriate judicial officer.
In either case the criteria in (a) above must be considered.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.