New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 19

Refusal of bail--unacceptable risk

19 Refusal of bail--unacceptable risk

(1) A bail authority must refuse bail if the bail authority is satisfied, on the basis of an assessment of bail concerns under this Division, that there is an unacceptable risk.
(2) For the purposes of this Act, an
"unacceptable risk" is an unacceptable risk that the accused person, if released from custody, will--
(a) fail to appear at any proceedings for the offence, or
(b) commit a serious offence, or
(c) endanger the safety of victims, individuals or the community, or
(d) interfere with witnesses or evidence.
(3) If the offence is a show cause offence, the fact that the accused person has shown cause that his or her detention is not justified is not relevant to the determination of whether or not there is an unacceptable risk.
(4) Bail cannot be refused for an offence for which there is a right to release under Division 2A.

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