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.