This book is only available in PDF format

Authors: Janine Bonifant, Edana Sparks
Published: 4 December 2019
Pages: 35

Introduction

Bail, whether opposed or not, can be one of the most difficult and stressful aspects of criminal practice. From a defence lawyer's point of view there can be high expectations from client and their families. Equally, prosecutors may face similar expectations from a complainant or colleagues.

To be a confident advocate you need to be familiar with both the provisions of the Bail Act 2000 and the common law. Bail applications should be taken seriously in every case because the conditions imposed on defendants or a remand in custody have a significant impact on their lives. This is reflected in s 24 of the New Zealand Bill of Rights Act 1990.

While there is the general presumption of innocence, this needs to be balanced against the risks posed. Bail applications can also have a significant impact on the lives of complainants/witnesses if the conditions are not abided by. All parties need to work together to ensure a fair and full opposition/application is advanced, putting all information before the court. Further, all parties need to be prepared for whether an application is declined or granted.

This webinar is designed to be a practical guide to bail in the District Court and applies equally to court bail or electronically monitored bail. Bail applications may be made at a first appearance or later, following a client’s breach of bail, warrant to arrest or due to a change in circumstances such as a curfew address no longer being available to them.

This paper is designed to be a quick reference if needed in court.

Content outline

• The Bail Act 2000
• Written oppositions and how to read them
• Taking instructions when bail is opposed
• Resources available
• Reasonable conditions of bail
• Making a persuasive application
• Supplementary considerations