Family Violence (Amendments) Bill

  • enacted
  • Previous title has changed
77 264 Section 8 amended (Consideration of just cause for continued detention)

(1)

Before section 8(4), insert:

(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 49 of the Family and Whānau Violence Act 1995section 112 of Part 1 of the Family Violence Legislation Act 2017, 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.

(2)

Repeal section 8(5).