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Citation
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Judgment date
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| December 2016 |
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A valid DPP certificate under s.36(2) EOCCA precludes granting bail until withdrawn or set aside.
EOCCA s.36(2) – DPP certificate objecting to bail – validity test: written form; relates to pending criminal matter; certifies likely prejudice to safety or interests of the Republic. EOCCA ss.29(4)(b),(d) – High Court jurisdiction to hear bail applications before trial commencement. DPP powers constitutional and not required to provide detailed reasons in certificate. Clerical errors on certificate and affidavits are curable and not automatically fatal.
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23 December 2016 |
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High Court has jurisdiction under s29(4)(d) and granted bail with mandatory half-value deposit and specified sureties.
Criminal procedure – Bail pending committal – High Court jurisdiction under s.29(4)(d) of the Economic and Organized Crime Control Act – Mandatory bail condition under s.36(5) requiring deposit of half the amount involved – Factors to balance when granting bail (seriousness of offence, risk of flight, public interest, reliable sureties).
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19 December 2016 |
| November 2016 |
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Division has jurisdiction to hear bail under amended EOCCA; half-value deposit and sharing principle required as bail security.
Corruption & economic crimes division — jurisdiction to hear bail under EOCCA s.29(4)(d) after amendments; Fisheries Regulations offences not scheduled economic offences but may be referred by DPP; EOCCA s.36(5) — mandatory deposit of half the value; sharing principle where multiple accused; bail conditions and verification of security.
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14 November 2016 |
| January 2016 |
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The applicants were granted bail pending committal; court applied s29(4)(d) jurisdiction and s36(5) deposit requirements.
Bail – Jurisdiction under s.29(4)(d) EOCCA – Bail pending committal – Mandatory financial security under s.36(5) EOCCA – Conditions: deposit equal to half the value, sureties, surrender of travel documents, reporting obligations.
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10 January 2016 |
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3 January 2016 |