(i) endanger the safety of the public or any particular person or will commit an offence referred to
in the First Schedule; or
(ii) not stand his or her trial or appear to receive sentence; or
(iii) attempt to influence or intimidate witnesses or to conceal or destroy evidence; or
(iv) undermine or jeopardise the objectives or proper functioning of the criminal justice system,
including the bail system;
or
(b) where in exceptional circumstances there is the likelihood that the release of the accused will disturb the
public order or undermine public peace or security.
(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;
(vi) any other factor which in the opinion of the court should be taken into account.
(4) In considering any question in subsection (2) the court shall decide the matter by weighing the interests of
justice against the right of the accused to his or her personal freedom and in particular the prejudice he or she is
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