10 Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence

(1)

This section applies to a defendant of or over the age of 18 years who is charged with a specified offence (as defined in subsection (2)), and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences).

(1A)

This section also applies to a defendant aged 17 years who is charged in the District Court or the High Court with a specified offence and who has 1 or more previous convictions for a specified offence (whether those convictions were for the same specified offence or for different specified offences).

(2)

In this section, specified offence means any offence against any of the following provisions of the Crimes Act 1961:

(a)

section 128B (sexual violation):

(b)

section 132 (sexual conduct with child under 12):

(c)

section 134 (sexual conduct with young person under 16):

(d)

section 167 (murder):

(e)

section 168 (murder):

(f)

section 171 (manslaughter):

(g)

section 173 (attempt to murder):

(h)

section 188 (wounding with intent):

(i)

section 189 (injuring with intent):

(j)

section 191 (aggravated wounding or injury):

(k)

section 198A (using any firearm against law enforcement officer, etc):

(l)

section 198B (commission of crime with firearm):

(m)

section 208 (abduction for purposes of marriage or sexual connection):

(n)

section 209 (kidnapping):

(o)

section 232 (aggravated burglary):

(p)

section 234 (robbery):

(q)

section 235 (aggravated robbery):

(r)

section 236 (assault with intent to rob).

(3)

No defendant to whom this section applies may be granted bail or allowed to go at large except by order of a High Court Judge or a District Court Judge.

(4)

No defendant to whom this section applies may be granted bail or allowed to go at large unless the defendant satisfies the Judge that bail or remand at large should be granted.

(5)

In particular (but without limiting any other matters in respect of which the defendant must satisfy the Judge under subsection (4)), the defendant must satisfy the Judge on the balance of probabilities that the defendant will not, while on bail or at large, commit any offence involving violence against, or danger to the safety of, any other person.

(6)

In deciding whether or not to grant bail to a defendant to whom this section applies or allow the defendant to go at large, the need to protect the safety of the public and, where appropriate, the need to protect the safety of the victim or victims of the alleged offending, are primary considerations.

Compare: 1961 No 43 s 318(2)–(5), (7)

Section 10(1): amended, on 1 July 2019, by section 19(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 10(1A): inserted, on 1 July 2019, by section 19(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

Section 10(2): replaced, on 4 September 2013, by section 8 of the Bail Amendment Act 2013 (2013 No 66).