4FRisks that are unacceptable for persons accused of certain offences

4F Risks that are unacceptable for persons accused of certain offences (1) This section applies to a decision of whether to grant bail to a person— (a) who is accused of having committed any of the following offences— (i) an offence against section 75A of the **Crimes Act 1958** (armed robbery); (ii) an offence against section 77 of the **Crimes Act 1958** (aggravated burglary); (iii) an offence against section 77A of the **Crimes Act 1958** (home invasion); (iv) an offence against section 77B of the **Crimes Act 1958** (aggravated home invasion); (v) an offence against section 79 of the **Crimes Act 1958** (carjacking); (vi) an offence against section 79A of the **Crimes Act 1958** (aggravated carjacking); and (b) who, at the time of the alleged offending, was on bail for an offence referred to in any subparagraph of paragraph (a). (2) For the purposes of section 4E, a risk that the accused would, if released on bail, commit a Schedule 1 offence or a Schedule 2 offence is an unacceptable risk unless the bail decision maker is satisfied that there is a high degree of probability that the accused would not commit an indictable offence referred to in subsection (1)(a) if released on bail. (3) Nothing in this section prevents the bail decision maker from being satisfied, other than because of this section, that a risk that the accused would, if released on bail— (a) commit a Schedule 1 offence or a Schedule 2 offence; or (b) do any other thing referred to in section 4E(1)(a)— is an unacceptable risk. Under section 4E(2)(b), the prosecution bears the burden of satisfying the bail decision maker that a risk is an unacceptable risk. That includes that the risk is an unacceptable risk because of this section. S. 5 amended by Nos 10087 s. 3(1)(Sch. 1 item 4), 16/1987 s. 12(Sch. 2 item 3(b))[[2]](#endnote-3), 23/1994 s. 118(Sch. 1 item 4.1(a)(b)), 97/2005 s. 182(Sch. 4 item 4), 68/2009 s. 97(Sch. items 11.1, 11.3, 11.4), 13/2010 s. 51(Sch. item 7), substituted by No. 70/2010 s. 8, amended by No. 44/2013 s. 4, substituted by No. 26/2017 s. 6.