12 Further restriction on bail in certain cases

(1)

This section applies to a defendant if—

(a)

the defendant is of or over the age of 18 years and—

(i)

is charged with an offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years’ imprisonment; and

(ii)

at the time of the alleged commission of the offence was remanded at large or on bail awaiting trial for another offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years’ imprisonment; and

(iii)

has at any time previously received a sentence of imprisonment (within the meaning of that term in section 4(1) of the Sentencing Act 2002); or

(b)

the defendant is of or over the age of 18 years and—

(i)

is charged with an offence that carries a maximum sentence of 3 or more years’ imprisonment; and

(ii)

has previously received 14 or more sentences of imprisonment (within the meaning of that term in section 4(1) of the Sentencing Act 2002); and

(iii)

has previously been convicted of an offence that was committed while the defendant was remanded at large or on bail and that carries a maximum sentence of 3 or more years’ imprisonment (whether or not the conviction resulted in any of the sentences of imprisonment referred to in subparagraph (ii)).

(1A)

This section also applies to a defendant if—

(a)

the defendant is aged 17 years and—

(i)

is charged in the District Court or the High Court with an offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years’ imprisonment; and

(ii)

at the time of the alleged commission of the offence was remanded at large or on bail awaiting trial in the District Court or the High Court for another offence under the Crimes Act 1961 that carries a maximum sentence of 3 or more years’ imprisonment; and

(iii)

has at any time previously received a sentence of imprisonment (within the meaning of that term in section 4(1) of the Sentencing Act 2002); or

(b)

the defendant is aged 17 years and—

(i)

is charged in the District Court or the High Court with an offence that carries a maximum sentence of 3 or more years’ imprisonment; and

(ii)

has previously received 14 or more sentences of imprisonment (within the meaning of that term in section 4(1) of the Sentencing Act 2002); and

(iii)

has previously been convicted of an offence that was committed while the defendant was remanded at large or on bail and that carries a maximum sentence of 3 or more years’ imprisonment (whether or not the conviction resulted in any of the sentences of imprisonment referred to in subparagraph (ii)).

(2)

For the purposes of subsections (1) and (1A), a sentence of imprisonment is counted whether or not it was served concurrently with any other 1 or more sentences.

(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—

(a)

any offence involving violence against, or danger to the safety of, any other person; or

(b)

burglary or any other serious property offence.

(6)

For the purposes of subsection (5), serious property offence means an offence against Part 10 of the Crimes Act 1961 punishable by imprisonment for a term of more than 7 years.

(7)

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.

(8)

For the purposes of this section, a reference in this section to a sentence of imprisonment includes a sentence of corrective training imposed under the Criminal Justice Act 1985 or any former Act.

Section 12(1)(a): amended, on 1 July 2019, by section 21(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 12(1)(a)(iii): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 12(1)(b): amended, on 1 July 2019, by section 21(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 12(1)(b)(ii): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 12(1)(b)(iii): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 12(1A): inserted, on 1 July 2019, by section 21(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 12(2): amended, on 1 July 2019, by section 21(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 12(2): amended, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).

Section 12(8): added, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).