New Zealand Law/Criminal/Bail

Statutory Provisions

 * Bail Act 2000

B v Police (No 2)

 * Held
 * 1. On appeal of bail, accused must prove:
 * - the decision was contrary to principle;
 * - the judge took account of irrelevant matters; or
 * - the judge was wrong.


 * 2. Therefore, new evidence best dealt with as new application.


 * 3. Court has to consider:
 * - risk of offending while out on bail;
 * - risk of absconding;
 * - risk of interference with witnesses;
 * - delay before trial;
 * - need of access to legal counsel.

G v Police

 * Held
 * 1) Primary consideration – the safety of the public.
 * 2) Onus on applicant to show why bail should be considered.
 * 3) Only evidence admissible at trial should be considered.

R v Fatu (unreported)

 * Held
 * 1) No nexus between curfew and risk of interference with prosecution witness(es).
 * 2) Bail, therefore, amended and curfew replaced with geographical constraint.
 * 3) BORA right to freedom of movement at issue.