Bail Act 2000

Question 1

Define s8(1) Bail Act 2000

Answer 1

s8 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 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.

Question 2

Define s8(2) Bail Act 2000

Answer 2

s8(2) Bail Act 2000 -Consideration of just cause for continued detention

(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.

Question 3

Define s8 Evidence Act 2006 -

General Exclusion

Answer 3

8 General exclusion

(1) In any proceeding, the Judge must exclude evidence if its probative value is outweighed by the risk that the evidence will—

• (a) have an unfairly prejudicial effect on the proceeding; or
• (b) needlessly prolong the proceeding.

(2) In determining whether the probative value of evidence is outweighed by the risk that the evidence will have an unfairly prejudicial effect on a criminal proceeding, the Judge must take into account the right of the defendant to offer an effective defence.