Pretrial- fitness to stan trial(if they have the mental to be in court) l bail Trial: guilt assessment Sentencing: determining the punishment Bail- is a process to make sure we are not holding a huge number of people on remand in jails and spending large amount of money on costs. Bail act 2013 (NSW) S16A of the Act requires that a person charged with a S16B offence must 'show cause' why their detention is not justified If its not in 16 B then move to next step (unacceptable risk test) To Show Cause the accused person must provide evidence to the bail authority as to why they should not be held on remand S18 Bail Act 2013 Strength/ Weakness of the prosecution case Unreasonable delay Likelihood of custodial sentence if convicted Any special circumstances of the applicant, etc Cause can be shown by a single powerful factor, or a powerful combination of factors Moukhallaletti v DPP [2016] NSWCCA 31tti Standard of proof required to be met by the accused person for show cause is 'on the balance of probabilities' Step 2 - Unacceptable risk test when do we have unacceptable risk test? When the offence is not a show caused offence It is a show caused offence, but showed cause the detention is not justified Evaluate whether bail concerns pose unacceptable risks S17-Bail concerns (if defendant were to be released on bail what are the concerns against them) 1) Failure to appear at court proceedings 2) Commit a serious offence 3) Endanger the safety of victims, individuals or the community tti) Interfere with witnesses or evidence. S18 has set out all the factors that need to be accessed. S18 (p) conditions can be put to reduce the risk and the person can be released into the community. S20- being released as they are not an unacceptable risk.