When you get bail you have to sign a form acknowledging your bail and its conditions before you will be released. Responsible minister attorney general, and minister for the prevention of domestic violence authorisation this version of the legislation is compiled and maintained in a database of legislation by the parliamentary counsels office and published on the nsw legislation website, and is certified as the form of that legislation that is correct under section 45c of the interpretation act 1987. In cases where an accused is on bail or parole, that can include bail or parole granted in a jurisdiction other than nsw. Bail act 1978 i would appreciate any help that could be provided with research, sourcing, content, formatting, copyediting etc. Willis 2018 suggests that changes to bail laws and. Current version for 19 march 2020 to date accessed 18 may 2020. This page explains the current bail process in nsw as at december 2016 and provides a number of case studies to allow.
The bail act 20 introduces the concept of a bail acknowledgment in place of a bail undertaking. Bail additional show cause offences viii nsw sentencing council commonwealth, another state or territory or of another country that are similar to the defined serious personal violence offences in nsw recommendation 5. Nsw police has done a thorough job of training its members and updating its systems as a result of the changes to the bail act 20 and are to be commended. The impact of the nsw bail act 20 on trends in bail and. The bail amendment act 2015 was assented on november 5 after being passed through parliament without amendment. To examine the effect of the bail act 20 nsw and subsequent showcause. The nsw bail act 20 as amended does not appear at this stage to have increased the percentage of persons refused bail or the size of the remand population. Under the act, a bail authority must decide whether the accused person should be held in gaol. The new bail act 20 nsw removes all presumptions related to bail and uses an unacceptable risk test instead. The bail act 20 is a new south wales law that came into effect on 20 may 2014. The court said factual issues arising out of covid19 were relevant to a number of factors the court was to consider under the bail act nsw. To examine the relationship between various statutory presumptions surrounding bail and the risk of bail refusal.
Bail conditions the police or a court can set conditions as part of a bail agreement. If so, get a copy of the bail agreement from the client, dpp, police or the court. Serious indictable offence has the same meaning as in the crimes act 1900, ie, an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more s 41. Bail, remand, bail act 20, bail court attendance notice, unacceptable risk, show cause offence. Versions of this act includes consolidations, reprints and as passed versions. The bail act 20 commenced on 20 may 2014 and contained major changes to the law on bail in nsw. The purpose of the bail act 20 is contained in section 3 of the legislation. Bail act 20 judicial commission of new south wales. A followup on the impact of the bail act 20 nsw on. Bail act 20 sect 18 matters to be considered as part of assessment 18 matters to be considered as part of assessment 1 a bail authority is to consider the following matters, and only the following matters, in an assessment of bail concerns under this division.
We recognise that the als was a founding organisation for the rights of ourcommunities across nsw and the act, and across australia, being the first free legal service in the country. Bail application bail information in nsw sydney bail lawyers. The third reform was enacted by the crimes legislation amendment criminal. This page explains the current bail process in nsw as at december 2016 and provides a number of case studies to allow you to understand bail as a law reform issue. Thorough and accurate training on the amendments to the bail act 20 as a result of the bail amendment act 2014 is essential. The most important change was the unacceptable risk. References in this monograph to the bail reform act or the act.
This allows for the rights of an accused to the presumption of innocence to be balanced against the possibility of them posing an unacceptable risk to the community. Office and published on the nsw legislation website, and is certified as the form of that. Changes to the bail act that will help safeguard the community and make it harder for serious offenders to get bail have been passed by the nsw parliament today. Conclusion of proceedings part 2 general provisions 7.
Reexamining bail and remand for young people in nsw julie. Bail means being allowed to go free in relation to the offence you are charged with. New south wales has the largest remand population in australia there were a total of 941 remand prisoners in nsw facilities on 1 may 1997. It also identifies an agenda for future research concerning bail. Bail in new south wales 1 1 b donovan, the law of bail. To examine the effect of the bail act 20 nsw and subsequent show cause. The new bail laws have been in development since june 2011 with the director of public prosecutions, police and the courts playing a crucial role in their implementation, attorney general brad hazzard said today. We recognise that our service is the oldest in nsw, and was formed to stand against the arbitrary detention and arrest of aboriginal people. There is currently no provision in the bail act 1992 act that requires a bail authority to consider aboriginality as part of a bail assessment. Bail, remand, bail act 20 nsw, show cause amendments. It became very complex and difficult to navigate for the legal profession, judiciary and police. There should be separate bail legislation for young people or the bail act should contain a separate part, which relates specifically to young people. The bail act 20 nsw defines bail as the authority to be at liberty for an offence or an alleged offence that the accused has been charged with. Crime and justice nsw bureau of crime statistics and.
The number of defendants refused bail each month in nsw courts between february 2011 and may 2016. The legal aid commission of new south wales legal aid nsw is an independent statutory body established under the legal aid commission act 1979 nsw to provide legal assistance, with a particular focus on the needs of people who are economically or socially. A draft article about the previous law can be found here. Bail act 2000 no 38 as at 01 july 2019, public act 12. Bail act 1980 part 1 preliminary current as at 30 march 2017 page 5 authorised by the parliamentary counsel bail act 1980 an act to consolidate and amend th e law relating to the release of defendants charged with offences and for incidental and other purposes part 1 preliminary 1 short title this act may be cited as the bail act 1980. Yet in 20002001, over 45% of aboriginal remand inmates did not receive a custodial sentence when their matter was finalised, and of these inmates, 41% had spent between eight and 30 days in custody while bail was refused. The bail reform act of 1984 has been amended several times. Nsw bureau of crime bureau brief statistics and research bail presumptions and risk of bail refusal. It is important to note that the amending act changes key sections and section numbers of the old act. The nsw act is worded as giving to a defendant a right to bail with respect to minor offences. The bail act should adopt section 6 of the children criminal proceeding act 1987 nsw as guiding principles for bail determinations involving young people 12. Submission on behalf of legal aid nsw to the new south wales law reform commission. The amendments introduced a new division 1a whereby a large number of offences required an accused to show cause why their.
Nsw legislation dealing with bail, including bail conditions and the powers to make and vary bail decisions. Preamble the parliament of new south wales, in enacting this act, has regard to the following. Magistrate says new nsw bail laws will mean were all redundant. Bail act 20 sect 18 matters to be considered as part. The new act was created with the aims that it would be easier to understand, would further protect the community and would promote consistent decisionmaking.
This act may be cited as the bail amendment, act 2019. Evidence from a quasiexperiment in new south wales steve yeong and suzanne poynton crime and justice bulletin nsw bureau. Legal aid nsw service provision to aboriginal and torres strait islander clients legal aid nsw considers that significant reductions to the indigenous remand population. Nsw bail act, presumptions, predictors, risk of bail refusal. Bail law in nsw rule of law institute of australia. Subsidiary legislation made under this act current versions. The nsw bail act and aboriginal defendants indigenous. See schedule 2 part a1 of the covid19 emergency response act 2020. The sabotage of bail reform in new south wales international. Get instructions on whether your client has difficulty with, or wants to change, any bail conditions. Bail additional show cause offences nsw sentencing council. The nsw bail act may need some simplification and clarification.
Bail act 2000 no 38 as at 01 july 2019, public act 30. The act introduced a riskbased model for determining bail, replacing a presumption against bail for serious offences with a broader consideration of whether there was an unacceptable risk of reoffending. Bail act 20 no 26 nsw part 1 preliminary historical version valid from 28. Als agrees that the bail act 20 nsw and bail act 1992 act should adopt provisions equivalent to section 3a of the bail act 1977 vic. An act to make provisions respecting bail and for connected matters. Bail act 20 no 26 section 4 preliminary part 1 c a person, or member of a class of persons, declared by the regulations to be an authorised justice for the purposes of this act. Incarceration rates of aboriginal and torres legal aid nsw. The bail amendment act 2015by caroline dobraszczykbarrister. The decision to grant bail can come about in two different ways. The bail act 20 nsw hereafter referred to as the act came into effect on 20 may 2014. It points to the inadequacies of the bail act 1978 nsw for dealing with young people, and highlights the ways in which recent developments in law and practice and the politicisation of bail mark a substantial departure from the wellestablished purposes of bail and remand. The legislation, known as the new bail act, was introduced to the state parliament in may 20 the act is expected to become law early in 2014, and will result in a number of changes to the way decisions are made on whether or not to grant an offender bail. While it was considered groundbreaking when enacted, it has been reformed several times to increase a presumption against bail. Indigenous prisoners on remand in nsw grew by 238%.
Practice, procedure and principles, sydney, 1981, p. You may copy, distribute, display, download and otherwise freely deal with this work. The bail act 1978 is a former new south wales law that has been repealed, and replaced with the bail act 20. The nsw governments tough bail laws are now in force making it harder for serious offenders to get bail, attorney general brad hazzard today announced. Bail act 20 sect 18 matters to be considered as part of. Bail act ministry of justice government of jamaica. For the purposes of this section, a reference in this section to a sentence of imprisonment includes a sentence of corrective training imposed under the criminal justice act 1985 or any former act. The act codified the law relating to bail, which previously had been contained in various statutes and common law. T he bail act 20 nsw the bail act has been the subject of much debate and significant law reform since it came into force in january 2014. The bail act 1978 nsw manifests a preference for non monetary bail conditions, but an examination of 100 aboriginal bail. Discussion paper alrc inquiry into the incarceration. Versions of this act includes consolidations, reprints and as passed. Changes to the bail process in nsw, including the removal of presumptions in favour of bail, are set to become law.
You may copy, distribute, display, download and otherwise freely deal with this work for any purpose, provided that you attribute. The impact of the nsw bail act 20 on trends in bail. The bail act 1985 is currently affected by temporary modifications that are not incorporated into the text. Using the bail act 20 as amended by the bail amendment. April 2018 did the 20 bail act increase the risk of bail refusal. When you get bail you have to sign a form acknowledging your bail. Notice of hearing to be given to accused person granted bail 5. We would like to show you a description here but the site wont allow us. Lawaccess nsw is a free government telephone service that provides legal information, referrals and in some cases, advice for people who. Bail amendment act 2015 australasian legal information. Mr hazzard said the community should feel safer now the changes are in place. This paper is written to include amendments contained in the bail amendment act 2014 the amending act commencing 2. The impact of the nsw bail act 20 on trends in bail and remand in new south wales pdf. Bail is a signed agreement to attend court to answer a charge for one or more offences and can also include a requirement to comply with set conditions.
Definitions part 2 making and variation of bail decisions division 1 general 4. Critical reflections on bail and remand for young people in nsw. It replaces the bail act 1978, which was considered groundbreaking when enacted, but has been reformed several times to presume against bail. Associations proposal to expand the show cause category of offences in the bail act 20 nsw. Nsw, points to the inadequacies of the bail act nsw for dealing with young people.
The amendments clearly expand the scope of the bail act especially in its consideration of commonwealth terrorism related offences. Upon a grant of bail being made, the person is to be given a bail acknowledgment, which he or she is required to sign, a copy of which is to be given to the court before the person is entitled to release. Further monitoring and analysis will be necessary to confirm this. Bail act 20 as at 23 october 2019 act 26 of 20 table of provisions long title part 1 preliminary 1. The law for bail in nsw is set out in the bail act 20 the act. Brad hazzard mp attorney general minister for justice media release tuesday 24 june 2014 update on bail act. Bail amendment act 2014 no 52 nsw schedule 1 amendment of bail act 20 no 26 schedule 1 amendment of bail act 20 no 26 1 preamble insert after the long title. Consolidated version currency start currency end suffix download. Bail regulation 2014 made under the bail act 20 as at 25 february 2019 reg 25 of 2014 table of provisions part 1 preliminary 1. The growth in remand and its impact on indigenous over. A more thorough history of bail is contained in part 2, and a history of the nsw bail act can be found in part 4.
You may copy, distribute, display, download and otherwise freely. Page 2 bail amendment act 2015 no 44 nsw the legislature of new south wales enacts. Jun 24, 2014 the new bail act replaces the complex set of presumptions with a riskbased model that prioritises public safety above all else. In new south wales, the supreme court granted bail on 14 strict conditions, to a defendant charged with two serious domestic violence offences in rakielbakhour v dpp 2020 nswsc 323. The nsw government has acted swiftly to ensure those who pose an unacceptable risk to the community are refused bail, mr hazzard said. The 80 amendments to the bail act nsw since 1978 introduced presumptions for or against bail for people charged with specific offences. It is always a requirement of bail that you attend court on your next court date. A decision to grant or refuse bail can be made only by a police officer, authorised justice or court with power to make that bail decision under this act. The legislation, known as the new bail act, was introduced to the state parliament in may 20.
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