Bail Amendment Act 2007

1: Title
This Act is the Bail Amendment Act 2007.
2: Commencement
This Act comes into force on a day to be appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates. Section 2 brought into force 1 October 2007 clause 2 Bail Amendment Act 2007 Commencement Order 2007 (SR 2007/258).
3: Principal Act amended
This Act amends the Bail Act 2000
4: New section 8 substituted
Section 8
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 real and significant 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)
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: For the avoidance of doubt, in considering whether there is just cause for continued detention under this section, a breach of bail conditions may only be taken into account under subsection (2)(e) subsection (1)(a)
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 section 30 of that Act
5: In deciding, in relation to a defendant charged with an offence against section 49(1)(a) or (b) of the Domestic Violence Act 1995 OIC 2007-10-01 section 8
5: Bail on adjournment
Section 28 subsection (2)
2: A Registrar may exercise the power conferred by subsection (1)
a: the informant does not oppose bail and the offence with which the defendant has been charged—
i: is not punishable by imprisonment; or
ii: is punishable by a term of imprisonment of not more than 10 years; or
b: the prosecution agrees. OIC 2007-10-01 section 28(2)
6: Bail on deferment of sentence
1: Section 39A(1) section 80W deferred under OIC 2007-10-01 section 39A(1)
2: Section 39A(3) paragraphs (a) (b)
a: if the sentence is deferred under section 80W of the Sentencing Act 2002
i: go to and remain at the home detention residence (as defined in section 4 of that Act section 80C(3)(a) or (b) of that Act
ii: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
b: if the sentence is deferred under section 100 of the Sentencing Act 2002 OIC 2007-10-01 Section 39A(3)
7: Bail on deferment of sentence
1: Section 65A(1) section 80W deferred under OIC 2007-10-01 65A(1)
2: Section 65A(3) paragraphs (a) (b)
a: if the sentence is deferred under section 80W of the Sentencing Act 2002
i: go to and remain at the home detention residence (as defined in section 4 of that Act section 80C(3)(a) or (b) of that Act
ii: advise a probation officer as soon as possible of any change in circumstances affecting the availability or suitability of the home detention residence; or
b: if the sentence is deferred under section 100 of the Sentencing Act 2002 OIC 2007-10-01 Section 65A(3)