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Book Index - Unacceptable risk

A bail decision maker must refuse bail for a person accused of any offence if the bail decision maker is satisfied that there is an unacceptable risk that the accused would, if released on bail –

The prosecutor bears the burden of satisfying the bail decision maker as to the existence of an unacceptable risk (s4E(2)).

In considering whether a risk is unacceptable, the bail decision must:

See Also

26.3.1 - Presumption of bail and exceptions - Terrorism risk or record - Exceptional circumstances - "Show compelling reason" - Surrounding circumstances – Two-step process for bail determination