Review of the Operation of the NSW (New South Wales) Bail Act 1978 (From Issues in Criminal Justice Administration, P 83-95, 1983, Mark Findlay et al, eds. - See NCJ-92907)

• NCJ Number: 92912
• Author(s): J Stubbs; J S Andrews
• Date Published: 1983
• Length: 13 pages
• Sale Source: George Allen and Unwin
• Language: English
• Country: Australia

Annotation

A monitoring of the implementation of New South Wales' (Australia) 1978 Bail Act indicates that the reform has been largely successful in reducing many of the inequities that result from a bail system which relies primarily on an accused's financial condition; however, some improvement can still be made.

Abstract

The New South Wales Bail Act specifies the criteria to be used in determining bail and gives juveniles the same rights to bail as adults, and it is required that accuseds be informed of their rights to bail under the act. A right to bail is specified for persons charged with minor offenses (those not punishable by imprisonment except in default of fine payment) subject to specified exceptions. The act establishes a presumption in favor of bail for all offenses except armed and otherwise violent robbery and the newly created offense of failure to appear in accordance with a bail undertaking. The act also specifies the factors to be considered in the determination of bail (probability of court appearance, interests of the accused, and community protection). The monitoring study examined the sequential bail decisions for a sample of 943 offenders. Interviews were conducted with criminal justice professionals involved in the bail process. Apparently, many of the original aims of the legislation have been achieved; over 90 percent of persons charged were released from custody prior to court appearance. Unconditional bail accounted for the greatest percentage of bail determinations. In over 75 percent of unconditional bails, the accused was released in 1 hour or less from the time of charging. The requirement of having to record reasons for bail refusal or the imposition of conditions has forced police to consider whether the imposition of a financial condition is necessary. Some improvements can be made in the clarity of information presented to the accused, and the use of the community-ties test for bail has not been successful. Most of those involved in the implementation of the act are pleased with its implementation.