If an accused person has been charged with an offence for which they are not required to ‘Show Cause’ (we will discuss the requirement of ‘Show Cause’ in a separate article), then the Court will apply a two-step test to determine whether the accused person is an unacceptable risk or whether the accused person will commit any further offences.
Where can I find those Bail considerations?
These considerations are contained in section 17 as well as section 19 of the Bail Act.
The Court must make a determination in relation to whether there are bail concerns and after identifying those concerns, the second step is to determine whether there are any relevant bail conditions that could be imposed to mitigate the court’s concerns.
Can you explain the process of Unacceptable risk?
This process essentially allows the court to carefully make a determination as to the following:
- If the accused is granted conditional bail, will there be an unacceptable risk to the safety of the victim(s) as well as the community? and
- Will there be an unacceptable risk in relation to the accused person failing to appear at court?
Firstly, if the court is of the view that there are no concerns, then bail must be granted.
Secondly, if the court is of the view that there are bail concerns, but those bail concerns can be reasonably mitigated by the imposition of one or more bail conditions, then bail must be conditionally granted.
Thirdly, if the court is of the view that there is an unacceptable risk and that unacceptable risk cannot be reasonably mitigated, then bail must be refused.
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 4th July 2022.
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