NCJ Number
230845
Date Published
May 2010
Length
37 pages
Annotation
This paper reviews the developments in bail law in New South Wales (Australia) and outlines current debate and statistics that show the trend in how bail is used in New South Wales (NSW).
Abstract
The paper concludes that changes to NSW bail laws since 2002 have followed the dominant trend of making it more difficult for accused persons to obtain bail, both regarding the range of offenses for which bail is denied and when the accused person is viewed as a "repeat offender." This trend has been justified as providing greater protection for the community from persons who are believed to be at high risk of committing offenses while awaiting trial. Critics have argued, however, that the changes in NSW bail law have largely been ad hoc responses to particular crime incidents. They argue that the bail reforms have not made a persuasive case for overriding an accused person's right to the presumption of innocence prior to a conviction. Data show that although a small percentage of defendants who are refused bail are found not guilty (less than 10 percent), a significant proportion of defendants refused bail, and thus placed in custody while awaiting trial, do not ultimately receive a custodial sentence. Changes in bail laws from 2003-2010 included the introduction of a stringent test for granting bail to persons accused of murder and those who are "repeat serious personal violence offenders;" a presumption against bail of "repeat property offenders;" and a presumption against bail for other offenses, including certain firearms offenses, drug offenses, terrorism offenses, and riot offenses. Several recent inquiries that have examined issues in relation to youth and bail, including the NSW Law Reform Commission's 2005 report on young offenders, have recommended making the Bail Act more appropriate for young defendants. 2 tables and 122 notes