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BAIL ACT 2013 - SECT 18
Matters to be considered as part of assessment
18 Matters to be considered as part of assessment
(1) A bail authority is to consider the following matters, and only the
following matters, in an assessment of bail concerns under this Division-- (a)
the accused person's background, including criminal history, circumstances and
community ties,
(b) the nature and seriousness of the offence,
(c) the
strength of the prosecution case,
(d) whether the accused person has a
history of violence,
(e) whether the accused person has previously committed
a serious offence while on bail (whether granted under this Act or a law of
another jurisdiction),
(f) whether the accused person has a history of
compliance or non-compliance with any of the following-- (i)
bail acknowledgments,
(ii) bail conditions,
(iii)
apprehended violence orders,
(iv) parole orders,
(v) home detention orders,
good behaviour bonds or community service orders,
(vi) intensive correction
orders,
(vii) community correction orders,
(viii) conditional release
orders,
(ix) non-association and place restriction orders,
(x)
supervision orders,
(f1) if the bail authority is making the assessment of
bail concerns because the accused person has failed or was about to fail to
comply with a bail acknowledgment or a bail condition, any warnings issued to
the accused person by police officers or bail authorities regarding
non-compliance with bail acknowledgments or bail conditions,
(g) whether the
accused person has any criminal associations,
(h) the length of time the
accused person is likely to spend in custody if bail is refused,
(i) the
likelihood of a custodial sentence being imposed if the accused person is
convicted of the offence,
(i1) if the accused person has been convicted of
the offence, but not yet sentenced, the likelihood of a custodial sentence
being imposed,
(j) if the accused person has been convicted of the offence
and proceedings on an appeal against conviction or sentence are pending before
a court, whether the appeal has a reasonably arguable prospect of success,
(k) any special vulnerability or needs the accused person has including
because of youth, being an Aboriginal or Torres Strait Islander, or having a
cognitive or mental health impairment,
(l) the need for the accused person to
be free to prepare for his or her appearance in court or to obtain legal
advice,
(m) the need for the accused person to be free for any other lawful
reason,
(n) the conduct of the accused person towards any victim of the
offence, or any family member of a victim, after the offence,
(o) in the case
of a serious offence, the views of any victim of the offence or any family
member of a victim (if available to the bail authority), to the extent
relevant to a concern that the accused person could, if released from custody,
endanger the safety of victims, individuals or the community,
(p) the
bail conditions that could reasonably be imposed to address any bail concerns
in accordance with section 20A,
(q) whether the accused person has any
associations with a terrorist organisation (within the meaning of Division 102
of Part 5.3 of the Commonwealth Criminal Code),
(r) whether the
accused person has made statements or carried out activities advocating
support for terrorist acts or violent extremism,
(s) whether the
accused person has any associations or affiliation with any persons or groups
advocating support for terrorist acts or violent extremism.
(2) The following
matters (to the extent relevant) are to be considered in deciding whether an
offence is a serious offence under this Division (or the seriousness of an
offence), but do not limit the matters that can be considered-- (a) whether
the offence is of a sexual or violent nature or involves the possession or use
of an offensive weapon or instrument within the meaning of the Crimes Act
1900 ,
(b) the likely effect of the offence on any victim and on the
community generally,
(c) the number of offences likely to be committed or for
which the person has been granted bail or released on parole.
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