18Matters to be considered as part of assessment

#### 18 Matters to be considered as part of assessment 18 Matters to be considered as part of assessment > > (1) A bail authority is to consider the following matters, and only the following matters, in an assessment of bail concerns under this Division— > > > > > (a) the accused person’s background, including criminal history, circumstances and community ties, > > > > > (b) the nature and seriousness of the offence, > > > > > (c) the strength of the prosecution case, > > > > > (d) whether the accused person has a history of violence, > > > > > (d1) behaviour engaged in by the accused that may, under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), section 6A(2), constitute domestic abuse, > > > > > > Examples of behaviour— > > > > > > behaviour that is physically abusive or violent, including strangulation and sexual assault, animal abuse and stalking > > > > > (e) whether the accused person has previously committed a serious offence while on bail (whether granted under this Act or a law of another jurisdiction), > > > > > (f) whether the accused person has a history of compliance or non-compliance with any of the following— > > > > > > > (i) bail acknowledgments, > > > > > > > (ii) bail conditions, > > > > > > > (iii) apprehended violence orders, > > > > > > > (iv) parole orders, > > > > > > > (v) home detention orders, good behaviour bonds or community service orders, > > > > > > > (vi) intensive correction orders, > > > > > > > (vii) community correction orders, > > > > > > > (viii) conditional release orders, > > > > > > > (ix) non-association and place restriction orders, > > > > > > > (x) supervision orders, > > > > > (f1) if the bail authority is making the assessment of bail concerns because the accused person has failed or was about to fail to comply with a bail acknowledgment or a bail condition, any warnings issued to the accused person by police officers or bail authorities regarding non-compliance with bail acknowledgments or bail conditions, > > > > > (g) whether the accused person has any criminal associations, > > > > > (h) the length of time the accused person is likely to spend in custody if bail is refused, > > > > > (i) the likelihood of a custodial sentence being imposed if the accused person is convicted of the offence, > > > > > (i1) if the accused person has been convicted of the offence, but not yet sentenced, the likelihood of a custodial sentence being imposed, > > > > > (j) if the accused person has been convicted of the offence and proceedings on an appeal against conviction or sentence are pending before a court, whether the appeal has a reasonably arguable prospect of success, > > > > > (k) any special vulnerability or needs the accused person has including because of youth, being an Aboriginal or Torres Strait Islander, or having a cognitive or mental health impairment, > > > > > (l) the need for the accused person to be free to prepare for his or her appearance in court or to obtain legal advice, > > > > > (m) the need for the accused person to be free for any other lawful reason, > > > > > (n) the conduct of the accused person towards any victim of the offence, or any family member of a victim, after the offence, > > > > > (o) in the case of a serious offence or a domestic violence offence against an intimate partner, the views of any victim of the offence or any family member of a victim (if available to the bail authority), to the extent relevant to a concern that the accused person could, if released from custody, endanger the safety of victims, individuals or the community, > > > > > (p) the bail conditions that could reasonably be imposed to address any bail concerns in accordance with section 20A, > > > > > (q) whether the accused person has any associations with a terrorist organisation (within the meaning of Division 102 of Part 5.3 of the Commonwealth Criminal Code), > > > > > (r) whether the accused person has made statements or carried out activities advocating support for terrorist acts or violent extremism, > > > > > (s) whether the accused person has any associations or affiliation with any persons or groups advocating support for terrorist acts or violent extremism. > > > (2) The following matters (to the extent relevant) are to be considered in deciding whether an offence is a serious offence under this Division (or the seriousness of an offence), but do not limit the matters that can be considered— > > > > > (a) whether the offence is of a sexual or violent nature or involves the possession or use of an offensive weapon or instrument within the meaning of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > (b) the likely effect of the offence on any victim and on the community generally, > > > > > (c) the number of offences likely to be committed or for which the person has been granted bail or released on parole. > > **s 18:** Subst 2014 No 52, Sch 1 \[8\]. Am 2015 No 44, Schs 1 \[4\] (am 2016 No 54, Sch 1.2 \[2\]) \[5\] \[6\], 2 \[3\]; 2017 No 53, Sch 4.2 \[1\] \[2\]; 2018 No 87, Sch 1.2 \[3\]; 2024 No 30, Sch 1\[3\] \[4\].