8 Consideration of just cause for continued detention

(1)

In considering whether there is just cause for continued detention, the court must take into account—

(a)

whether there is a risk that—

(i)

the defendant may fail to appear in court on the date to which the defendant has been remanded; or

(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.

(2)

In considering whether there is just cause for continued detention under subsection (1), the court may take into account the following:

(a)

the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind:

(b)

the strength of the evidence and the probability of conviction or otherwise:

(c)

the seriousness of the punishment to which the defendant is liable, and the severity of the punishment that is likely to be imposed:

(d)

the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant:

(e)

whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions:

(f)

the likely length of time before the matter comes to hearing or trial:

(g)

the possibility of prejudice to the defence in the preparation of the defence if the defendant is remanded in custody:

(h)

any other special matter that is relevant in the particular circumstances.

(3)

[Repealed]

(3A)

In deciding, in relation to a defendant charged with a family violence offence, whether or not to grant bail to the defendant or to allow the defendant to go at large, the court’s primary consideration is the need to protect—

(a)

the victim of the alleged offence; and

(b)

any particular person or people in a family relationship with the victim.

(3B)

Subsection (3A) is subject to subsection (3C).

(3C)

In deciding, in relation to a defendant charged with an offence against section 112 of the Family Violence Act 2018, whether or not to grant bail to the defendant or allow the defendant to go at large, the court’s paramount consideration is the need to protect every person who, in relation to the protection order, is a protected person.

(4)

When considering an application for bail, the court must take into account any views of a victim of an offence of a kind referred to in section 29 of the Victims’ Rights Act 2002, or of a parent or legal guardian of a victim of that kind, conveyed in accordance with section 30 of that Act.

(4A)

When considering an application for bail, the court must not take into account the fact that the defendant has provided, or may provide, information relating to the investigation or prosecution of any offence, including any offence committed or alleged to have been committed by the defendant.

(4B)

However, despite subsection (4A), the court may take into account the cooperation by the defendant with authorities in the investigation or prosecution of any offence if that cooperation is relevant to the court’s assessment of the risk that the defendant will fail to appear in court, interfere with witnesses or evidence, or offend while on bail.

(5)

[Repealed]

Section 8: substituted, on 1 October 2007, by section 4 of the Bail Amendment Act 2007 (2007 No 26).

Section 8(1)(a): amended, on 17 December 2008, by section 4(1) of the Bail Amendment Act 2008 (2008 No 107).

Section 8(3): repealed, on 17 December 2008, by section 4(2) of the Bail Amendment Act 2008 (2008 No 107).

Section 8(3A): inserted, on 3 December 2018, by section 7(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 8(3B): inserted, on 3 December 2018, by section 7(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 8(3C): inserted, on 3 December 2018, by section 7(1) of the Family Violence (Amendments) Act 2018 (2018 No 47).

Section 8(4A): inserted, on 4 September 2013, by section 6 of the Bail Amendment Act 2013 (2013 No 66).

Section 8(4B): inserted, on 4 September 2013, by section 6 of the Bail Amendment Act 2013 (2013 No 66).

Section 8(5): repealed, on 3 December 2018, by section 7(2) of the Family Violence (Amendments) Act 2018 (2018 No 47).