The probation officer must be able to satisfy the court that there is just cause for the defendant to be remanded in custody.
Bail Act 2000
When considering bail, section 8 of the Bail Act 2000 requires the court to take into account the following:
- whether there is a risk that the defendant may fail to appear in court on the date to which the defendant has been remanded
- whether there is a risk that the defendant may offend while on bail
- the nature of the offence with which the defendant is charged, and whether it is a grave or less serious one of its kind
- the strength of the evidence and the probability of conviction or otherwise
- the seriousness of the punishment for which the defendant is liable, and the severity of the punishment that is likely to be imposed
- the character and past conduct or behaviour, in particular proven criminal behaviour, of the defendant
- whether the defendant has a history of offending while on bail, or breaching court orders, including orders imposing bail conditions
- the likely length of time before the matter comes to hearing or trial
- any other special matter that is relevant in the particular circumstances, and
- consideration is also given to victim concerns.
