Bail Act, 1997
Refusal of bail. |
2.—(1) Where an application for bail is made by a person charged with a serious offence, a court may refuse the application if the court is satisfied that such refusal is reasonably considered necessary to prevent the commission of a serious offence by that person. | |
(2) In exercising its jurisdiction under subsection (1), a court shall take into account and may, where necessary, receive evidence or submissions concerning— | ||
(a) the nature and degree of seriousness of the offence with which the accused person is charged and the sentence likely to be imposed on conviction, | ||
(b) the nature and degree of seriousness of the offence apprehended and the sentence likely to be imposed on conviction, | ||
(c) the nature and strength of the evidence in support of the charge, | ||
(d) any conviction of the accused person for an offence committed while he or she was on bail, | ||
(e) any previous convictions of the accused person including any conviction the subject of an appeal (which has neither been determined nor withdrawn) to a court, | ||
(f) any other offence in respect of which the accused person is charged and is awaiting trial, | ||
and, where it has taken account of one or more of the foregoing, it may also take into account the fact that the accused person is addicted to a controlled drug within the meaning of the Misuse of Drugs Act, 1977 . | ||
(3) In determining whether the refusal of an application for bail is reasonably considered necessary to prevent the commission of a serious offence by a person, it shall not be necessary for a court to be satisfied that the commission of a specific offence by that person is apprehended. |