Victorian Current Acts Victorian Current Acts (1) If this Act provides, in relation to a matter,
that a bail decision maker must take into account the
surrounding circumstances, the bail decision maker must take into account all
the circumstances that are relevant to the matter including, but not
limited to, the following—
S. 3AAA (1)(aa) inserted by No. 28/2023 s. 36.
(aa) whether, if the accused were found guilty of the offence with which the accused is charged, it is likely—
(i) that the accused would be sentenced to a term of imprisonment; and
(ii) if so, that the time the accused would spend remanded in custody if bail is refused would exceed that term of imprisonment;
(a) the nature and seriousness of the alleged offending, including whether it is a serious example of the offence;
(b) the strength of the prosecution case;
(c) the accused's criminal history;
(d) the extent to which the accused has complied with the conditions of any earlier grant of bail;
(e) whether, at the time of the alleged offending, the accused—
(i) was on bail for another offence; or
(ii) was subject to a summons to answer to a charge for another offence; or
(iii) was at large awaiting trial for another offence; or
S. 3AAA (1)(e)(iiia) inserted by No. 28/2023 s. 37.
(iiia) was on remand for another offence; or
S. 3AAA (1)(e)(iiib) inserted by No. 28/2023 s. 37.
` (iiib) was at large awaiting sentence for another offence; or
(iv) was released under a parole order; or
(v) was subject to a community correction order made in respect of, or was otherwise serving a sentence for, another offence;
(f) whether there is in force—
(i) a family violence intervention order made against the accused; or
(ii) a family violence safety notice issued against the accused; or
(iii) a recognised DVO made against the accused;
(g) the accused's personal circumstances, associations, home environment and background;
S. 3AAA(1)(h) substituted by No. 28/2023 s. 38.
(h) any special vulnerability of the accused, including—
(i) being an Aboriginal person; or
(ii) being a child; or
(iii) experiencing any ill health, including mental illness; or
(iv) having a disability, including physical disability, intellectual disability and cognitive impairment;
Note
The bail decision maker is required to take certain issues into account if the accused is an Aboriginal person—see section 3A. Further, the bail decision maker is required to take certain issues into account if the accused is a child—see section 3B. The bail decision maker is required to take all these issues into account if the accused is both an Aboriginal person and a child.
(i) the availability of treatment or bail support services;
Note to s. 3AAA(1)(i) inserted by No. 28/2023 s. 32.
Note
If the accused is an Aboriginal person, see also section 5AAA(4A).
(j) any known view or likely view of an alleged victim of the offending on the grant of bail, the amount of bail or the conditions of bail;
(k) the length of time the accused is likely to spend in custody if bail is refused;
(l) the likely sentence to be imposed should the accused be found guilty of the offence with which the accused is charged;
S. 3AAA(1)(m) substituted by No. 32/2018 s. 81(1).
(m) whether the accused has expressed support for—
(i) the doing of a terrorist act; or
(ii) a terrorist organisation; or
(iii) the provision of resources to a terrorist organisation;
S. 3AAA(1)(n) inserted by No. 32/2018 s. 81(1).
(n) subject to subsection (2), whether the accused has, or has had, an association with—
(i) another person or a group that has expressed support of the kind referred to in paragraph (m); or
(ii) another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or
(iii) a terrorist organisation.
S. 3AAA(2) inserted by No. 32/2018 s. 81(2).
(2) A bail decision maker must not take into account the accused having, or having had, an association referred to in subsection (1)(n)(i), (ii) or (iii) unless the bail decision maker is satisfied that the accused knew—
(a) that the person or group had expressed support for—
(i) the doing of a terrorist act; or
(ii) a terrorist organisation; or
(iii) the provision of resources to a terrorist organisation; or
(b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or
(c) that the group was a terrorist organisation.
S. 3AA inserted by No. 3/2018 s. 5.