4EAll offences—unacceptable risk test

4E All offences—unacceptable risk test (1) A bail decision maker must refuse bail for a person accused of any offence if the bail decision maker is satisfied that— (a) there is a risk that the accused would, if released on bail— S. 4E(1)(a)(iaa) inserted by No. 32/2024 s. 903A(1). (iaa) commit a Schedule 1 offence or a Schedule 2 offence; or S. 4E(1)(a)(i) substituted by No. 28/2023 s. 14(1), amended by No. 32/2024 s. 903A(2). (i) otherwise endanger the safety or welfare of any other person, whether by committing an offence that has that effect or by any other means; or S. 4E(1)(a)(ii) repealed by No. 28/2023 s. 14(2). (iii) interfere with a witness or otherwise obstruct the course of justice in any matter; or S. 4E(1)(a)(iv) amended by No. 32/2024 s. 906(3). (iv) fail to surrender into custody in accordance with the bail undertaking; and (b) the risk is an unacceptable risk. Example to s. 4E(1) substituted by No. 32/2024 s. 903D. An unacceptable risk that the accused, if released on bail, would— (a) drive dangerously; or (b) commit a family violence offence; or (c) commit an aggravated burglary; or (d) commit an armed robbery; or (e) commit a carjacking; or (f) commit a home invasion. (2) The prosecutor bears the burden of satisfying the bail decision maker— (a) as to the existence of a risk of a kind mentioned in subsection (1)(a); and S. 4E(2)(b) amended by No. 34/2025 s. 4(1). (b) that the risk is an unacceptable risk (whether because of section 4F or otherwise). S. 4E(3) amended by No. 34/2025 s. 4(2). (3) In considering whether a risk mentioned in subsection (1)(a) is an unacceptable risk (whether because of section 4F or otherwise), the bail decision maker must— (a) take into account the surrounding circumstances; and The term ***surrounding circumstances*** is defined in section 3. Also the bail decision maker is required to take into account other matters if the accused is an Aboriginal person or a child. See sections 3A and 3B. (b) consider whether there are any conditions of bail that may be imposed to mitigate the risk so that it is not an unacceptable risk. S. 4E(4) inserted by No. 32/2024 s. 901, amended by No. 34/2025 s. 16(2). (4) The reference in subsection (3)(b) to conditions of bail includes, if the decision of whether to grant bail is an applicable decision within the meaning of Part 2A, Part 2A conditions. S. 4F inserted by No. 34/2025 s. 5.