New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) This section applies to a defendant of or over the age of 17 years who is charged with a specified offence (as defined in subsection (2)), and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences).
(2) In this section, specified offence means any offence against any of the following provisions of the Crimes Act 1961:
(a) section 128B (sexual violation):
(b) section 167 (murder):
(c) section 168 (murder):
(d) section 171 (manslaughter):
(e) section 173 (attempt to murder):
(f) section 188 (wounding with intent):
(g) section 189 (injuring with intent):
(h) section 191 (aggravated wounding or injury):
(i) section 198A (using any firearm against law enforcement officer, etc):
(j) section 198B (commission of crime with firearm):
(k) section 234 (robbery):
(l) section 235 (aggravated robbery).
(3) 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.
(4) 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.
(5) In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (4)), 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.
(6) In deciding whether or not to grant bail to a defendant to whom this section applies or 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 the victim or victims of the alleged offending, are primary considerations.
Compare: 1961 No 43 s 318(2)–(5), (7)
Section 10(2)(a): substituted, on 20 May 2005, by section 10 of the Crimes Amendment Act 2005 (2005 No 41).
