JSB171 Lecture Notes - Lecture 2: Indictable Offence, Endangerment
Document Summary
Bail is a means of setting a person who has been deprived of their liberty by arrest, free, pending the outcome of the trial process. S7(1) ba: power of police officer to grant bail: Allows either: officer-in-charge of a police station/establishment; or, watchhouse manager. To grant bail, when person is not detained under ppra chap 7, part 2 (search of a place to prevent loss of evidence); and. They are satisfied the person cannot be taken promptly before a court. S13 ba: only supreme court may grant bail if: (a) mandatory life imprisonment, (b) indefinite sentences e. g. murder. There is a prima facie right to bail: s9 ba; r v hughes. Destroys prima facie right and places onus on defendant: -> although prima facie right to bail, this subsection modifies this. S16(4) ba - in granting bail in accordance to s16 (3), a court or police may impose conditions in accordance with s11 (see conditions below)
