Previous Topic

Next Topic

Book Contents

Book Index

26.3.1.4 - 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

26.3.1.1 - Terrorism risk or record

26.3.1.2 - Exceptional circumstances

26.3.1.3 - "Show compelling reason"

26.3.1.5 - Surrounding circumstances

26.3.1.6 – Two-step process for bail determination