8Application for bail

8 Application for bail (1) In any proceedings with respect to bail— S. 8(1)(aa) inserted by No. 28/2023 s. 113(1). (aa) the bail decision maker is not bound by the rules of evidence; S. 8(1)(a) amended by Nos 26/2017 s. 14(5), 6/2018 s. 68(Sch. 2 item 13.1). (a) the bail decision maker may, subject to paragraph (b), make such inquiries on oath or by affirmation or otherwise of and concerning the accused as the bail decision maker considers desirable; S. 8(1)(b) amended by Nos 68/2009 s. 97(Sch. item 11.1), 26/2017 s. 14(5), 28/2023 s. 73(a). (b) the accused shall not be examined or cross‑examined by the bail decision maker or any other person as to the offence with which the accused is charged and no inquiry shall be made of the accused as to that offence; S. 8(1)(c) amended by No. 3/2018 s. 23(4). (c) the prosecutor may, in addition to any other relevant evidence, submit evidence, whether by affidavit or otherwise— (i) to prove that the accused has previously been convicted of a criminal offence; (ii) to prove that the accused has been charged with and is awaiting trial on another criminal offence; S. 8(1)(c)(iia) inserted by No. 26/2017 s. 7. (iia) to show that there is a risk that the accused may subject another person to family violence; S. 8(1)(c)(iii) amended by No. 28/2023 s. 73(b). (iii) to prove that the accused has previously failed to surrender into custody in answer to bail; or (iv) to show the circumstances of the alleged offence, particularly as they relate to the probability of conviction of the accused; S. 8(1)(d) amended by Nos 35/1996 s. 453(Sch. 1 item 8.1), 26/2017 s. 14(5), 28/2023 s. 73(c). (d) the bail decision maker may take into consideration any relevant matters agreed upon by the informant or prosecutor and the accused or the accused's legal practitioner; and S. 8(1)(e) amended by No. 26/2017 s. 14(5)(6). (e) the bail decision maker may receive and take into account any evidence which the bail decision maker considers credible or trustworthy in the circumstances. S. 8(2) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 4), amended by No. 28/2023 s. 113(2). (2) Nothing in subsection (1)(aa) or (a) prevents the application of Part 3.10 of the **Evidence Act 2008**. S. 8(3) inserted by No. 3/2018 s. 11. (3) A bail decision maker may adjourn the hearing of a proceeding with respect to bail for up to 4 hours if satisfied that the accused appears to be seriously affected by alcohol or another drug or a combination of drugs. S. 8(4) inserted by No. 3/2018 s. 11. (4) On adjourning a hearing under subsection (3), the bail decision maker may remand the accused in custody until the further hearing of the matter. S. 8(5) inserted by No. 3/2018 s. 11. (5) Subsection (6) applies if, on the first further hearing of a matter adjourned under subsection (3), the bail decision maker is satisfied that the accused still appears to be seriously affected by alcohol or another drug or a combination of drugs. S. 8(6) inserted by No. 3/2018 s. 11. (6) The bail decision maker may adjourn the hearing of the matter for one further period of up to 4 hours and remand the accused in custody until the next hearing of the matter. S. 8AA inserted by No. 32/2018 s. 89. 8AA Court to make preliminary determination if terrorism risk alleged (a) a court is considering whether to grant bail to a person who is accused of an offence (other than a person arrested on an enforcement warrant issued under the **Fines Reform Act 2014**); and (b) the step 1—exceptional circumstances test does not apply to that decision by operation of section 4AA(2)(a), (c) or (d); and (c) the prosecutor— (i) states that the prosecutor has terrorism risk information in respect of the accused; and (ii) alleges that this information shows that there is a risk that the accused will commit a terrorism or foreign incursion offence. 1 If a prosecutor makes such an allegation before a bail decision maker other than a court, that bail decision maker cannot grant bail. See sections 10(5AA) and 10A(5AA). 2 See section 4AA(1) and (2) for when the step 1—exceptional circumstances test applies. (2) Before determining whether to grant bail, the court must determine whether there is a risk that the accused will commit a terrorism or foreign incursion offence. If the court determines that there is such a risk, a different step 1 test applies to the decision of whether to grant bail. See section 4AA(2)(b) and (4)(b). (3) For the purposes of subsection (2), but subject to subsection (4), the court must have regard to any terrorism risk information provided to the court. (4) The court must not have regard to terrorism risk information regarding the accused having, or having had, an association referred to in section 3AAA(1)(n)(i),(ii) or (iii) unless the court is satisfied that the accused knew— (a) that the person or group had expressed support for— (b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or (c) that the group was a terrorist organisation. (5) Nothing in this section prevents the court from considering, under section 4E, whether there is an unacceptable risk an accused would, if released on bail, commit a terrorism or foreign incursion offence. S. 8A inserted by No. 3/2018 s. 12.