In similar spirt, this amendment proposes to increase the threshold for a justice to impose a surety condition from the threshold test of “shall be satisfied” to “satisfied, on a balance of probabilities” that the condition is necessary.
Certainly assessments on the balance of probabilities is a well-known concept in law, and it injects into the decision-making a real analysis of whether this is an appropriate decision related to this particular accused, and particularly considering the disproportionate impact that setting these bail conditions have for people from remote communities.