CRIMINAL PROCEDURE AND EVIDENCE ACT
(3) In considering whether the ground referred to in—
(a) subsection (2)(a)(i) has been established, the court shall, where applicable, take into
account the following factors, namely—
(i) the degree of violence towards others implicit in the charge against the accused;
(ii) any threat of violence which the accused may have made to any person;
(iii) the resentment the accused is alleged to harbour against any person;
(iv) any disposition of the accused to commit offences referred to in the First Schedule, as evident from his or her past conduct;
(v) any evidence that the accused previously committed an offence referred to in the
First Schedule while released on bail;
(vi) any other factor which in the opinion of the court should be taken into account;
(b) subsection (2)(a)(ii) has been established, the court shall take into account—
(i) the ties of the accused to the place of trial;
(ii) the existence and location of assets held by the accused;
(iii) the accused’s means of travel and his or her possession of or access to travel
documents;
(iv) the nature and gravity of the offence or the nature and gravity of the likely penalty therefor;
(v) the strength of the case for the prosecution and the corresponding incentive of the
accused to flee;
(vi) the efficacy of the amount or nature of the bail and enforceability of any bail
conditions;
(vii) any other factor which in the opinion of the court should be taken into account;
(c) subsection (2)(a)(iii) has been established, the court shall take into account—
(i) whether the accused is familiar with any witness or the evidence;
(ii) whether any witness has made a statement;
(iii) whether the investigation is completed;
(iv) the accused’s relationship with any witness and the extent to which the witness
may be influenced by the accused;
(v) the efficacy of the amount or nature of the bail and enforceability of any bail
conditions;
(vi) the ease with which any evidence can be concealed or destroyed;
(vii) any other factor which in the opinion of the court should be taken into account;
(d) subsection (2)(a)(iv) has been established, the court shall take into account—
(i) whether the accused supplied false information at arrest or during bail proceedings;
(ii) whether the accused is in custody on another charge or is released on licence in
terms of the Prisons Act [Chapter 7:11];
(iii) any previous failure by the accused to comply with bail conditions;
(iv) any other factor which in the opinion of the court should be taken into account;
(e) subsection (2)(b) has been established, the court shall, where applicable, take into
account the following factors, namely—
(i) whether the nature of the offence and the circumstances under which the offence
was committed is likely to induce a sense of shock or outrage in the community
where the offence was committed;
(ii) whether the shock or outrage of the community where the offence was committed
might lead to public disorder if the accused is released;
(iii) whether the safety of the accused might be jeopardised by his or her release;
(iv) whether the sense of peace and security among members of the public will be
undermined or jeopardised by the release of the accused;
(v) whether the release of the accused will undermine or jeopardise the public confidence in the criminal justice system;
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