9A Restriction on bail if defendant charged with murder

(1)

This section applies to a defendant who is charged with murder under section 167 or 168 of the Crimes Act 1961 and who is—

(a)

of or over the age of 18 years; or

(b)

aged 17 years and charged with the offence in the High Court.

(2)

No defendant to whom this section applies may be granted bail or allowed to go at large except by order of a High Court Judge or a District Court Judge.

(3)

No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.

(4)

In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (3)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any offence involving violence against, or danger to the safety of, any other person.

(5)

In deciding whether or not to grant bail to a defendant to whom this section applies or to allow the defendant to go at large, the need to protect the safety of the public and, where appropriate, the need to protect the safety of any particular person or persons are the primary considerations.

Section 9A: inserted, on 4 September 2013, by section 7 of the Bail Amendment Act 2013 (2013 No 66).

Section 9A(1): replaced, on 1 July 2019, by section 18 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).