- Depending on the circumstances of the case, the prosecutor may consider seeking a remand in custody or conditional bail to protect the victim from the risk of danger, threats, pressure or other acts by the accused which might obstruct the course of justice. If so, the prosecutor will be assisted by information concerning such matters as :
- the likely repetition of acts of violence;
- the detailed history of the relationship;
- the existence of any civil court order;
- the current domestic arrangements.
- A court can impose any condition that seems appropriate in the circumstances of a particular case. Some common examples of bail conditions imposed by courts include:
If the accused breaches any of the bail conditions, the police can arrest the accused and the court can remand the accused in custody. New offences may also have been committed for which the accused may be prosecuted.
- the accused is not to contact any of the prosecution witnesses including the victim;
- the accused is to reside at a named address;
- the accused is to report to a named police station on a given day or days at a given time;
- the accused is to provide security (i.e. an amount of bail money) to the court;
- the accused is to provide a surety.
- If bail is granted by a district judge or magistrate in a case where serious injury resulted or where there is a history of domestic violence whilst on bail, the prosecutor should consider an application for review under Section 9H of the Criminal Procedure Ordinance, Cap 221. The power to make such an application has been delegated to the DPP and the DDPP. The consequence of making such an application is that the accused must be remanded in custody pending consideration of the matter and must be brought before a Justice of Appeal or a Judge of the Court of First Instance as soon as practicable, and in any event within 48 hours, for the judge to decide whether the accused should remain in custody.