https://www.legislation.nsw.gov.au/acts/2014-52.pdf
Assessment of bail concerns
(1)A bail authority must, before making a bail decision, assess any bail concerns.
(2)For the purposes of this Act, a bail concern is a concern that an 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 accused person is not in custody, the assessment is to be made as if the
person were in custody and could be released as a result of the bail decision.
(4) This section does not apply if the bail authority refuses bail under Division 1A
(Show cause requirement).
18Matters to be considered as part of assessment
(1)A bail authority is to consider the following matters, and only the following
matters, in an assessment of bail concerns under this Division:
(a) the accused person’s background, including criminal history,
circumstances and community ties,
(b) the nature and seriousness of the offence,
(c) the strength of the prosecution case,
(d) whether the accused person has a history of violence,
(e) whether the accused person has previously committed a serious offence while on bail,
(f) whether the accused person has a history of compliance or non-compliance with bail acknowledgments, bail conditions, apprehended violence orders, parole orders or good behaviour bonds,
(g ) whether the accused person has any criminal associations,
(h) the length of time the accused person is likely to spend in custody if bail is refused,
(i) the likelihood of a custodial sentence being imposed if the accusedperson is convicted of the offence,
(j) if the accused person has been convicted of the offence and proceedings on an appeal against conviction or sentence are pending before a court,whether the appeal has a reasonably arguable prospect of success,
(k) any special vulnerability or needs the accused person has including because of youth, being an Aboriginal or Torres Strait Islander, or having a cognitive or mental health impairment,
(l) the need for the accused person to be free to prepare for his or her appearance in court or to obtain legal advice,
(m) the need for the accused person to be free for any other lawful reason,
(n) the conduct of the accused person towards any victim of the offence, or any family member of a victim, after the offence,
(o) in the case of a serious offence, the views of any victim of the offence or any family member of a victim (if available to the bail authority), to the extent relevant to a concern that the accused person could, if released from custody, endanger the safety of victims, individuals or the community,
(p) the bail conditions that could reasonably be imposed to address any bail
concerns in accordance with section 20A.
(2)The following matters (to the extent relevant) are to be considered in deciding whether an offence is a serious offence under this Division (or the seriousness
of an offence), but do not limit the matters that can be considered:
(a)whether the offence is of a sexual or violent nature or involves the possession or use of an offensive weapon or instrument within the meaning of the Crimes Act 1900
(b) the likely effect of the offence on any victim and on the community generally,
(c) the number of offences likely to be committed or for which the person has been granted bail or released on parole.
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.
Accused person to be released if no unacceptable risks
(1) If there are no unacceptable risks, the bail authority must:
(a) grant bail (with or without the imposition of bail conditions), or
(b)release the person without bail, or
(c)dispense with bail.
(2) This section is subject to Divisions 1A and 2A.
