Bail Act 2013
18Matters to be considered as part of assessment
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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, 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,