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 this page explains the current bail process in nsw as at december 2016 and provides a number of case studies to. Following the introduction of the nsw bail act 20, there was a sharp. Bail act 20 on trends in bail and remand in new south wales pdf. Special provisions in respect of bail for drug dealing offences. Nsw attorneygeneral greg smith tabled a report into the bail act the act by the nsw law reform commission on wednesday june. A list of forms used in the new south wales local court is included below.
The bail act 20 the act was amended by the bail amendment bill 2014 which commenced on 28 january 2015. Bail act 20 judicial commission of new south wales. Reprint current from 16 december 2019 to date accessed 25 february 2020 at 10. The impact of the nsw bail act 20 on trends in bail. 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. The bail act 20 introduces the concept of a bail acknowledgment in place of a bail undertaking. Check whether your client has already made a release application before a magistrate and whether there are new facts or circumstances justifying a further application s74 bail act. Applying for bail in nsw go to court criminal lawyers. To consider trends in bail and remand prior to and immediately following the implementation of the bail act. The act replaced the complex scheme in the bail act 1978 of offencebased presumptions with the unacceptable risk test which focuses bail decisionmaking on the identification and mitigation of risks. Provisions as to summary proceedings before superior courts for an offence under section 51 57 53. Judge only may grant bail for drug dealing offence.
Pdf versions of this legislation produced from 23 september 20 are authorised by. The number of defendants refused bail showed a significant increasing trend of. The laws regarding when bail is granted, whether there is a presumption for or against bail in relation to certain offences, and the procedures for applying for bail in the act are contained in the bail act 1992. The act has been amended in a significant respect twice since its enactment. Low this article has been rated as lowimportance on the projects importance scale. 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. Incarceration rates of aboriginal and torres legal aid nsw. The new bail act, which came into effect on may 20, was the result of a.
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. The bail act 20 is a new south wales law that came into effect on 20 may 2014. Bail is the process that considers whether or not people are released from custody while they are waiting for their matter to be determined by a court. If you would like to participate, visit the project page. Court to give reawns for granting or refusing hail. The purpose of the bail act 20 is contained in section 3 of the legislation. This project will have a particular focus on the new unacceptable risk test. Services in nsw recommends the establishment of bail support schemes similar to those in victoria and. Covid19 may be relevant in bail applications under the bail act 20 in. Currently the show cause provisions in sections 16a and 16b of the bail act require a person accused of certain offences to show cause why his or her detention is not justified. Under the act, a bail authority must decide whether the accused person should be held in gaol called on remand before their hearing or whether they should be released, with or without conditions, into the community. The amendments introduced a new division 1a whereby a large number of offences required an accused to show cause why their detention was not justified.
We believe that the changes under the new act will be for the benefit of our clients and their families. Review of the law of bail law society of new south wales. Granting of bail to defendant who is 18 years of age or younger. Making and variation of bail decisions division 1 preliminary 15. It also sets it also sets out the process followed by my office under s 44.
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. It requires a bail authority to have regard to the presumption of innocence and the general right to be at liberty. Offence to fail to comply with bail undertaking 56 52. 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.
Find out whether your client is in custody for any other matters e. For all forms used in civil proceedings, go to the uniform civil procedures rules ucpr website. The court should give reasons in open court if it decides not deal with the bail act offence at the earliest opportunity. There are extra criteria if the crime is a commonwealth offence. An act to amend the bail act 20 to make further provision for bail decisions. He had been prescribed a range of medication by various mental health 4 i thank those assisting me for their detailed and thorough summary of the background material. Thorough and accurate training on the amendments to the bail act 20 as a result of the bail amendment act 2014 is essential. Changes to the bail process in nsw, including the removal of presumptions in favour of bail, are set to become law. A followup on the impact of the bail act 20 nsw on. Nsw bail act changes attacked by media lawyers weekly. When the accused person applies for bail they are called the bail. Guideline submission on the relevance of covid19 to bail.
Bail act 20 no 26 nsw part 1 preliminary historical version valid from 28. Department of the attorneygeneral and justice remarks. New south wales consolidated acts search this act bail act 20 as at 23 october 2019 act 26 of 20 table of provisions long title part 1 preliminary 1. To examine the effect of the bail act 20 nsw and subsequent. The provisions displayed in this version of the legislation have all commenced. These criteria are set out in the commonwealth crimes act 1914. Recent developments they are required to enter a plea to the charge, on the condition that the defendant complies with the treatment regime. Bail act 1980 part 1 preliminary current as at 31 march 2018 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. Full report a followup on the impact of the bail act 20 nsw on trends in bail pdf, 348kb release date. In nsw, according to the bail act 20, bail is the authority to be at liberty for an offence or an alleged offence. 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.
The bail amendment act 2015 was assented on november 5 after being passed through parliament without amendment. The aim of this project is to provide an insight into the way the bail act 20 nsw may be interpreted and applied. The commission should recognise the fundamental principles of the new south wales criminal justice system including the presumption of innocence and the general right of the accused to. A 12 month pilot was conducted at lismore local court from july 2000. Bail and the incarceration of homeless young people. In cases where an accused is on bail or parole, that can include bail or parole granted in a jurisdiction other than nsw. The new bail act, which will commence operation in nsw on 20 may 2014, is different in style and substance to the legislation that has been in operation in nsw for decades and will bring about significant change to the criminal justice system. The law for bail in nsw is set out in the bail act 20 the act. Bail act 20 no 26 nsw contents page historical version valid from 28. In october 2001 the justice legislation amendment non association and place restriction act 2001 the act was introduced into parliament as one of a package of new laws designed to target gangrelated crime. Grants of bailgeneral 25 power of a police officer to grant bail the bail act empowers a police officereither an officerincharge or watchhouse managerto grant a defendant bail. If proceedings are sent to the crown court, then, the defendant can be committed for sentence to the crown court, but only if convicted in the magistrates court s. Nsw bureau of crime bureau brief statistics and research the impact of the nsw bail act 20 on trends in bail and remand in new south wales don weatherburn and jacqueline fitzgerald aim.
The amendments effected by that act saw the introduction of the show cause requirement in s 16b. There are a number of factors that must be considered as part of the assessment of unacceptable risk. Legal aid nsw supports amendments to the bail act to restore discretion to judicial officers to grant bail in appropriate circumstances. The decision can be made by a police officer after you have been arrested and given a notice to attend court. In undertaking this inquiry the commission should develop a legislative framework that provides access to bail in appropriate cases having regard to. Bail act 2000 no 38 as at 01 july 2019, public act. Legal aid queensland criminal law duty lawyer handbook chapter 2bail 27 b. Bail law in nsw rule of law institute of australia. The bail legislation amendment bill 2016 amends the bail act 1982 bail act, the courts and tribunals electronic processes facilitation act 20 and the young offenders act 1994. Bail act 1982 contents page iv consolidation 5c 51. It abandoned the presumption based system of the bail act 1978 and introduced a new risk management approach to the determination of bail. The act amends various laws relating to sentencing, bail and sentence administration. The aim of this project is to provide an insight into the.
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. Accused on bail may be taken before a judicial officer for variation or revocation of bail. On 28 january 2015, the bail amendment act 2014 commenced. Bail act 20 sect 18 matters to be considered as part. Critical reflections on bail and remand for young people in nsw. Review of the bail act 20 nsw department of justice. The current bail system is based on a twolimb system. Proposed changes to the bail act in nsw have been supported by legal bodies but widely criticised in the media. The bail act 20 passed in the nsw parliament in may 20. The bail act 20 nsw bail act 20 summarises the law of bail in nsw. Two rounds of amendments to the bail act 1978 nsw sought to steer young. Bail act 1978 is within the scope of wikiproject australia, which aims to improve wikipedia s coverage of australia and australiarelated topics. It replaces the bail act 1978, which was considered groundbreaking when enacted, but has been reformed several times to presume against bail.
959 129 1184 762 1145 1152 526 893 1041 128 315 1469 1333 99 568 873 1092 867 1164 138 108 1449 1528 428 985 89 1463 945 277 586 206 451 157 54 183 37 796 60 201 1256 546 1290