Package includes:

Online CPD Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $149 - NZLS members and Associate members
• $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Online CPD Module

One of the first questions that your clients are likely to ask you is whether or not they are likely to get bail when charged with an offence. When considering a bail application, you will need to have a good understanding of what the defendant’s expectations are, know how to interpret an opposition to bail, the associated documents and the restrictions on bail in certain cases.

This module will take a practical approach in guiding you through the Bail Act 2000 in the current landscape and will be of assistance to you whether you are making or opposing an application.

Topics covered will include:

• Timings
  - What services/resources are available
  - Proximity issues with family violence
• Forms
  - Getting the Opposition to Bail right
  - What should you raise with the prosecutor before you got to court?
• Applications
  - How persuasive can you be?
  - Procedure for opposing bail
  - Procedure for making a bail application
• Bail conditions
  - What is reasonable?
• Supplementary considerations
  - Electronic monitored bail
  - Section 168A Criminal Procedure Act (non-contact)
  - Use of court victims advisor.

Learning objectives

After this module you will understand:

• The components of a written opposition to bail.
• How the Bail Act 2000 applies.
• How to advance a competent bail application.

Electronic Book 

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.

PowerPoint Presentation

These are the slides included in the presentation.