26.3.1.5 - Surrounding circumstances

The definition of ‘surrounding circumstances’ in s 3AAA(1) BA sets out the factors that a bail decision maker must take into account when they are required by the BA to consider the ‘surrounding circumstances’. The listed factors are:

  1. the nature and seriousness of the alleged offending, including whether it is a serious example of the offence;
  2. the strength of the prosecution case;
  3. the accused’s criminal history;
  4. the extent to which the accused has complied with the conditions of any earlier grant of bail;
  5. whether, at the time of the alleged offending, the accused:
    1. was on bail for another offence; or
    2. was subject to a summons to answer to a charge for another offence; or
    3. was at large awaiting trial for another offence; or
    4. was released under a parole order; or
    5. was subject to a CCO made in respect of, or was otherwise serving a sentence for, another offence;
  6. whether there is in force a relevant family violence intervention order or notice;
  7. the accused’s personal circumstances, associations, home environment and background;
  8. any special vulnerability of the accused, including being a child or an Aboriginal person, being in ill health or having a cognitive impairment, an intellectual disability or a mental illness;
  9. the availability of treatment or bail support services;
  10. any known view or likely view of an alleged victim of the offending on the grant of bail, the amount of bail or the conditions of bail;
  11. the length of time the accused is likely to spend in custody if bail is refused;
  12. the likely sentence to be imposed should the accused be found guilty of the offence with which the accused is charged;
  13. whether the accused has expressed support for the doing of a terrorist act or organisation, or for the provision of resources to a terrorist organisation;
  14. subject to s3AAA(2), whether the accused has, or has had, an association with –
    1. another person or a group that has expressed support of the kind referred to in paragraph (m); or
    2. another person or a group that is directly or indirectly engaged in, preparing for, planning or assisting in or fostering the doing of a terrorist act; or
    3. a terrorist organisation.

Section 3AAA(2) provides that a bail decision maker must not take into account the accused having, or having had, an association referred to in s3AAA(1)(n) unless satisfied that the accused had the requisite knowledge.

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"

26.3.1.4 - Unacceptable risk

26.3.1.6 – Two-step process for bail determination