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Change 1
As published
50A Interpretation of references to pre-conditions for bail
(1) For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—
(a) that the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
(b) that the custody officer has considered any representations made by the person or the person’s legal representative.
(2) In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to—
(a) the need to secure that the person surrenders to custody,
(b) the need to prevent offending by the person,
(c) the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the custody officer,
(d) the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the custody officer, and
(e) the need to manage risks to the public.
Your change, as a redline
50A Interpretation of references to pre-conditions for bail
(1) For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—
(a) that the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
(b) that the custody officer has considered any representations made by the person or the person’s legal representative.
(2) In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to—
(a) the need to secure that the person surrenders to custody,
(b) the need to prevent offending by the person,
(c) the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the custody officer,
(d) the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the custody officer, and
(e) the need to manage risks to the public.
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