sec.15Procedure upon application for bail

### sec.15 Procedure upon application for bail In a proceeding about the release of a person under this part or the Youth Justice Act 1992 , part 5 — the court may, subject to paragraph (b) , make such investigations on oath or otherwise of and concerning the defendant as the court thinks fit; and the defendant shall not be examined or cross-examined by the court or any other person as to the offence with which the defendant is charged and no inquiry shall be made of the defendant as to that offence; and the complainant or prosecutor or any person appearing on behalf of the Crown may submit, in addition to other relevant evidence, evidence by affidavit or otherwise— to prove that the defendant— has been convicted previously of an indictable offence; and has been charged with and is awaiting trial on an indictable offence; and has failed previously to appear in accordance with the defendant’s undertaking and surrender into custody; or to show the circumstances of the offence particularly as they relate to the probability of conviction of the defendant; and the court shall take into consideration such relevant matters as are agreed upon by the complainant or prosecutor and the defendant or the defendant’s lawyer; and the court may receive and take into account evidence of any kind that it considers credible or trustworthy in the circumstances; and if the defendant is an Aboriginal or Torres Strait Islander person—the court may receive and take into account any submissions made by a representative of the community justice group in the defendant’s community, including, for example, about— the defendant’s relationship to the defendant’s community; or any cultural considerations; or any considerations relating to programs and services in which the community justice group participates. If required by a court for subsection (1) (f) , a representative of the community justice group in the defendant’s community must advise the court whether— any member of the community justice group that is responsible for the submission is related to the defendant or the victim; or there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the defendant or victim. s 15 amd 1988 No. 105 s 11 ; 2000 No. 43 s 8 ; 2002 No. 39 s 127 ; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115 , 118 ); 2004 No. 43 s 7 ; 2007 No. 37 s 12 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 3; 2010 No. 42 s 15 sch (sec.15-ssec.1) In a proceeding about the release of a person under this part or the Youth Justice Act 1992 , part 5 — the court may, subject to paragraph (b) , make such investigations on oath or otherwise of and concerning the defendant as the court thinks fit; and the defendant shall not be examined or cross-examined by the court or any other person as to the offence with which the defendant is charged and no inquiry shall be made of the defendant as to that offence; and the complainant or prosecutor or any person appearing on behalf of the Crown may submit, in addition to other relevant evidence, evidence by affidavit or otherwise— to prove that the defendant— has been convicted previously of an indictable offence; and has been charged with and is awaiting trial on an indictable offence; and has failed previously to appear in accordance with the defendant’s undertaking and surrender into custody; or to show the circumstances of the offence particularly as they relate to the probability of conviction of the defendant; and the court shall take into consideration such relevant matters as are agreed upon by the complainant or prosecutor and the defendant or the defendant’s lawyer; and the court may receive and take into account evidence of any kind that it considers credible or trustworthy in the circumstances; and if the defendant is an Aboriginal or Torres Strait Islander person—the court may receive and take into account any submissions made by a representative of the community justice group in the defendant’s community, including, for example, about— the defendant’s relationship to the defendant’s community; or any cultural considerations; or any considerations relating to programs and services in which the community justice group participates. (sec.15-ssec.2) If required by a court for subsection (1) (f) , a representative of the community justice group in the defendant’s community must advise the court whether— any member of the community justice group that is responsible for the submission is related to the defendant or the victim; or there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the defendant or victim. - (a) the court may, subject to paragraph (b) , make such investigations on oath or otherwise of and concerning the defendant as the court thinks fit; and - (b) the defendant shall not be examined or cross-examined by the court or any other person as to the offence with which the defendant is charged and no inquiry shall be made of the defendant as to that offence; and - (c) the complainant or prosecutor or any person appearing on behalf of the Crown may submit, in addition to other relevant evidence, evidence by affidavit or otherwise— (i) to prove that the defendant— (A) has been convicted previously of an indictable offence; and (B) has been charged with and is awaiting trial on an indictable offence; and (C) has failed previously to appear in accordance with the defendant’s undertaking and surrender into custody; or (ii) to show the circumstances of the offence particularly as they relate to the probability of conviction of the defendant; and - (i) to prove that the defendant— (A) has been convicted previously of an indictable offence; and (B) has been charged with and is awaiting trial on an indictable offence; and (C) has failed previously to appear in accordance with the defendant’s undertaking and surrender into custody; or - (A) has been convicted previously of an indictable offence; and - (B) has been charged with and is awaiting trial on an indictable offence; and - (C) has failed previously to appear in accordance with the defendant’s undertaking and surrender into custody; or - (ii) to show the circumstances of the offence particularly as they relate to the probability of conviction of the defendant; and - (d) the court shall take into consideration such relevant matters as are agreed upon by the complainant or prosecutor and the defendant or the defendant’s lawyer; and - (e) the court may receive and take into account evidence of any kind that it considers credible or trustworthy in the circumstances; and - (f) if the defendant is an Aboriginal or Torres Strait Islander person—the court may receive and take into account any submissions made by a representative of the community justice group in the defendant’s community, including, for example, about— (i) the defendant’s relationship to the defendant’s community; or (ii) any cultural considerations; or (iii) any considerations relating to programs and services in which the community justice group participates. - (i) the defendant’s relationship to the defendant’s community; or - (ii) any cultural considerations; or - (iii) any considerations relating to programs and services in which the community justice group participates. - (i) to prove that the defendant— (A) has been convicted previously of an indictable offence; and (B) has been charged with and is awaiting trial on an indictable offence; and (C) has failed previously to appear in accordance with the defendant’s undertaking and surrender into custody; or - (A) has been convicted previously of an indictable offence; and - (B) has been charged with and is awaiting trial on an indictable offence; and - (C) has failed previously to appear in accordance with the defendant’s undertaking and surrender into custody; or - (ii) to show the circumstances of the offence particularly as they relate to the probability of conviction of the defendant; and - (A) has been convicted previously of an indictable offence; and - (B) has been charged with and is awaiting trial on an indictable offence; and - (C) has failed previously to appear in accordance with the defendant’s undertaking and surrender into custody; or - (i) the defendant’s relationship to the defendant’s community; or - (ii) any cultural considerations; or - (iii) any considerations relating to programs and services in which the community justice group participates. - (a) any member of the community justice group that is responsible for the submission is related to the defendant or the victim; or - (b) there are any circumstances that give rise to a conflict of interest between any member of the community justice group that is responsible for the submission and the defendant or victim.