Part 1General provisions regarding bail
13Exercise of discretion when considering bail pending sentencing
If a defendant is found guilty or if a defendant pleads guilty, the court must not grant bail unless it is satisfied on the balance of probabilities that it would be in the interests of justice in the particular case to do so.
The onus is on the defendant to show cause why bail should be granted.
When considering the interests of justice under subsection (1), the court may, instead of the considerations in section 8, take into account the following considerations:
- whether the defendant is likely to receive a sentence of imprisonment:
- the likely length of time that will pass before the defendant is sentenced:
- the personal circumstances of the defendant and the defendant's immediate family:
- any other consideration that the court considers relevant.
If the defendant is unlikely to receive a sentence of imprisonment, this must count against the defendant being remanded in custody.
Despite being satisfied that it would otherwise be in the interests of justice to grant bail, the court may remand the defendant in custody for the purpose described in subsection (4B) if it is satisfied that—
- the defendant has breached a condition of bail imposed under section 30(3); and
- there is no other reasonable means to achieve the purpose described in subsection (4B).
The purpose referred to in subsection (4A) is to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable time frame.
This section is subject to section 11.