Criteria for determining bail

10.6 While the criteria for granting bail are generally prescribed by statute, they have their foundations in the common law. The primary factor in determining bail is the likelihood of the accused failing to appear.^[9] In determining whether a person is likely to appear, certain matters must generally be taken into account, such as any previous failure to answer bail and the person’s background and family ties.^[10] Other considerations include the:

• seriousness of the offence;
• protection of the victim;
• protection of the community from further offending;
• strength of the prosecution’s case;
• severity of the possible sentence;
• probability of conviction;
• prior criminal history of the accused;
• potential interference with witnesses;
• court delay;
• requirements for preparing a defence; and
• view of the police and prosecution.^[11]

10.7 Legislative provisions governing bail may also require officers to consider specified factors in making bail decisions, such as:

• the safety or physical protection of a victim or other person, or a victim’s concerns about the need for protection;^[12]
• the likelihood of contravening a protection order;^[13]
• the likelihood of injury being caused to, or threats made against, a victim;^[14]
• any available rehabilitation program assessment;^[15]
• the interests of the accused, having regard to matters such as whether the accused is injured or has special needs arising from an intellectual disability or mental illness;^[16]
• the person’s demeanour;^[17] and
• the availability of suitable accommodation for the victim and any affected child.^[18]