Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In making a decision about the grant of bail to an adult in relation to an offence, a court or authorised officer must consider—
(a) the likelihood of the person appearing in court in relation to the offence; and
(b) the likelihood of the person, while released on bail—
(i) committing an offence; or
(ii) harassing or endangering the safety or welfare of anyone; or
(iii) interfering with evidence, intimidating a witness, or otherwise obstructing the course of justice, in relation to the person or anyone else; and
(c) the interests of the person.
Examples for par (c)
1 the need of the person for physical protection
2 the period that the person may be held in custody if bail is refused and the conditions under which the person would be held
(2) Also, if the person is convicted of an indictable offence, or the elements of an indictable offence are proven in relation to the person, but the person has not been sentenced, a court must consider the likelihood of the person being given a sentence of imprisonment.
(3) In considering the matters mentioned in subsection (1) or (2), the court or authorised officer may have regard to any relevant matter, including—
(a) the nature and seriousness of the offence; or
(b) the person's character, background and community ties; or
(c) the likely effect of a refusal of bail on the person's family or dependants; or
(d) any previous grants of bail to the person; or
(e) the strength of the evidence against the person.
Example
In considering under subsection (1) the likelihood of the person appearing in court in relation to the offence, the court or authorised officer may have regard to whether the person failed to comply with a bail condition previously.
(4) The reference in subsection (1) (b) (i) to an "offence" includes a reference to an offence against a law of the Commonwealth, a State or another Territory (including an external territory).