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Bail (Amendment) Act 1991

TONGA

BAIL (AMENDMENT) ACT 1991

No. 14 of 1991

I assent,

TAUFA'AHAU TUPOU IV
25th October, 1991

AN ACT

TO AMEND THE BAIL ACT

[15th August, 1991.]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may be cited as the Bail (Amendment) Act 1991.

(2) The Bail Act 1990 is in this Act referred to as the Principal Act.

2. Paragraph (ii) of sub-section (1) of section 3 of the Principal Act is repealed and paragraph (iii) of the said sub-section is renumbered as paragraph (ii).

3. The Principal Act is amended by inserting, after section 4, the following sections -

"4A. (1) A person who has been convicted of a criminal offence punishable with imprisonment and whose case is adjourned for the purpose of obtaining further information before he is sentenced shall be granted bail if the court is satisfied that -

(a) it is unlikely that he will be sentenced to imprisonment; or

(b) it would be impracticable to obtain the further information if he is kept in custody; and

(c) there are substantial grounds for believing that, if released on bail (whether or not subject to conditions) he will surrender to custody without committing any offence whilst on bail.

(2) The Court shall not grant bail under subsection (1) where-

(a) the person is already in custody under a sentence of a court;

(b) the person has in relation to the offence been arrested under section 9; or

(c) it is desirable to keep the person in custody for his own protection or welfare.

(3) In taking the decision required by subsection (1), the Court shall have regard to all the relevant circumstances and in particular -

(a) the nature of the offence and probable sentence for it;

(b) the character, antecedents, associations and community ties of the person; and

(c) his record in surrendering to custody at the trial and on other occasions.

4B. (1) A person who has been convicted of and sentenced to imprisonment for a criminal offence and who has appealed or applied for leave to appeal against that conviction or sentence shall be granted bail if the Court is satisfied that –

(a) there is a reasonable prospect of the appeal succeeding; or

(b) the appeal is unlikely to be heard before the whole or a substantial portion of the sentence has been served; and

(c) there are substantial grounds for believing that, if released on bail (whether or not subject to conditions) he will surrender to custody without committing any offence whilst on bail.

(2) In taking the decision required by subsection (1), the Court shall have regard to all the relevant circumstances and in particular –

(a) the nature of the offence and length of the sentence;

(b) the grounds of appeal;

(c) the character, antecedents, associations and community ties of the person; and

(d) his record in surrendering to custody at the trial and on other occasions".

Passed in the Legislative Assembly this 15th day of August, 1991.

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