Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
22 Criteria for granting bail to adults
(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
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(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).
23 Criteria for granting bail to children
(1) In making a decision about the grant of bail to a child in relation to an offence, a court or authorised officer must consider—
(a) the matters mentioned in section 22 (1) (a) and (b), (2) and (3); and
(b) the principles in the Children and Young People Act 1999 , section 68; and
(c) if the decision is being made by a court and a report has been given to the court under the Children and Young People Act 1999 , section 73 (Powers of court in relation to reports) in relation to the child—the report.
(2) In addition, the court or authorised officer must consider, as a primary consideration, the best interests of the child.
23A Victim's concern about need for protection
(1) If a court is making a decision about the grant of bail to an accused person—
(a) the prosecutor must tell the court about any concern of which the prosecutor is aware expressed by a victim about the need for protection from violence or harassment by the accused person; and
(b) the court must receive any submission in relation to the concern and consider it in the context of the matter mentioned in section 22 (1) (b).
(2) If an authorised officer who is making a decision about the grant of bail to an accused person is aware that a victim has expressed concern about the need for protection from violence or harassment by the accused person, the authorised officer must consider that concern in the context of the matters mentioned in section 9F (Domestic violence offence—bail by authorised officer) and section 22 (1) (b).