New Zealand Legislation: Acts

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  (3) [Repealed]

  (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.

  (5) In deciding, in relation to a defendant charged with an offence against section 49 of the Domestic Violence Act 1995, 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 the victim of the alleged offence.

  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  Section 8(3): repealed, on 17 December 2008, by section 4(2) of the Bail Amendment Act 2008 (2008 No 107).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(5): amended, on 28 October 2009, by section 5 of the Bail Amendment Act 2009 (2009 No 45).