Bail

(1) Where the Court is required to determine whether to grant bail in respect of an offence under this Act, the Court shall consider– (a) the need to protect the applicant from 37 (b) the welfare of a child where the defendant or victim of the alleged offence has custody of that child; (c) the welfare of any child being a member of the household; (d) any hardship that may be caused to the defendant or other members of the family if bail is not granted. (e) the defendant’s record with regard to the commission of violent acts and whether there is evidence in the record of physical or emotional abuse to children; and (f) any other matters which may be relevant to the case in question. (2) The Court may, in granting bail under this section, order that the recognizance be subject to such of the following conditions as the Court considers appropriate and which can, as far as practicable, be imposed taking into account the circumstances of each case– (a) that the defendant not harass or molest or cause another person to harass or molest the victim of the alleged offence; (b) that the defendant not be on the premises in which the victim resides or works; (c) that the defendant not he in a locality in which are situated the premises in which the victim resides or works; and (d) where the defendant continues to reside with the victim, that the defendant not enter or 38 remain in the place or residence while under the influence of alcohol or a drug. (3) Where a police officer believes on reasonable grounds that a person who has been admitted to bail subject to one or more conditions, has failed to comply with a condition of the recognizance, the police officer may arrest the person without a warrant.