BAIL (Bail Act)
Bail is a means of setting a person who has been deprived of their liberty by arrest, free, pending the
outcome of the trial process.
S7(1) BA: Power of police officer to grant bail:
• Officer-in-charge of a police station/establishment; or
• Watchhouse manager
To grant bail, when person is not detained under PPRA Chap 7, Part 2 (Search of a place to prevent
loss of evidence); and
They are satisfied the person cannot be taken promptly before a court.
CANNOT BE GRANTED BY WATCHHOUSE IF:
S13 BA: Only Supreme Court may grant bail if:
(a) Mandatory life imprisonment,
(b) Indefinite sentences
ELEMENT 1: Prima Facie right to bail
There is a prima facie right to bail: s9 BA; R v Hughes
Destroys Prima Facie Right and places onus on defendant:
S16(3) BA – Where the defendant is charged with one of the following, the court should refuse to grant
bail unless he can show good cause:
(a) commits an offence whilst on bail or at large
(b) offence to which S13 applies (mandatory/life serious offences)
(c) Indictable offence using firearm or offensive weapon of explosive substance.
(d) charged with an offence under the BA
--> Although prima facie right to bail, this subsection modifies this.
S16(4) BA - In granting bail in accordance to S16 (3), a court or police may impose conditions in
accordance with S11 (see Conditions below)
CASE: Where serious offence: Only granted in exceptional circumstances
• R v Hughes: Murder charge, Initial bail refused as unacceptable risk; then up to person to justify why
bail should be given. Held: CL prima facie right does not apply, BA reflects CL.
• DPP v Williamson: Party to the use of an offensive weapon, but did not personally use weapon.
Held: words in s16(3)(c) are construed in the wider sense bestowed on the alleged facts, CL prima
facie right does not apply, BA reflects CL.
But can still be granted:
• Lim v Gregson: mercy killing, accused had substantial assets in jurisdiction, and unlikely to abscond;
• McDowell: the accused was 13 years of age; Granted.
• Street: the accused was in ill health; Granted.
ELEMENT 2: Refusal Of Bail
Grounds for refusal:
S16(1) BA: Outlines grounds for refusal:
(a) Unacceptable risk - fail to appear
- commit an offence (re-offend) - endanger the safety of the victim or anyone else’s
- interfere with witnesses or obstruct the course of justice
(b) Remain in