188.8.131.52 - 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 –
- endanger the safety or welfare of members of the public; or
- commit an offence whilst on bail; or
- interfere with witnesses or otherwise obstruct the course of justice in any matter; or
- fail to surrender into custody in accordance with the conditions of bail (BA s4E(1)).
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:
- take into account the “surrounding circumstances” (see 184.108.40.206); and
- consider whether there are any conditions of bail that may be imposed to mitigate the risk so that it is not an unacceptable risk (s4E(3)).