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What are some of the things that a judge or justice of the peace will look at in deciding whether to let an accused out on bail?

The decision of whether or not an accused gets out on bail will be based on all relevant facts, but most times the court will look at things like:

  • The accused’s criminal record (if any)
  • The seriousness of the charges
  • The ability of the surety to supervise the accused (if applicable)
  • Protection of the public or the alleged victim
  • The likelihood that the accused might commit further offences if released
  • The age and personal life situation of the accused

This is not a complete list. Not all factors will be looked at in each case. Different things will be important in each individual case.