It is the amendment in respect of s22a, and in particular the resultant. Bail in new south wales 1 1 b donovan, the law of bail. Bail act 1980 part 1 preliminary current as at 16 december 2019 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. The fact that a person under 18 doesnt live with their parent or guardian cannot be taken into account when deciding on bail.
The legislative history at the back of the act provides detail about the past and future operation of the act. Bail act 1977 table of provisions long title part 1preliminary 1. 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. The act was repealed by sec 100 of the bail act 20 no 26 with effect from 20. The 80 amendments to the bail act nsw since 1978 introduced presumptions for or. New south wales bail act 1978 no 161 status information currency of version historical version for 9 july 2010 to 5 january 2012 generated 9 january 2012 at 10.
Lawful correction pdf report of the child pornography working party. Review of the bail act 20 department of justice nsw. The bail act 1978 nsw has been amended through the introduction of the bail enforcement conditions act 2012 nsw. The bail act 1978 is a former new south wales law that has been repealed, and replaced with the bail act 20.
The aim of this project is to provide an insight into the. 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. The 80 amendments to the bail act nsw since 1978 introduced presumptions for or against bail for people charged with specific offences. Crime and justice nsw bureau of crime statistics and research.
Legislation on the nsw legislation website is usually updated within 3 working days. Critical reflections on bail and remand for young people in nsw. The sabotage of bail reform in new south wales international. The amendments effected by that act saw the introduction of the show cause requirement in s 16b. Section 1 bail act 1978 no 161 historical version for 9. Application of act part 2 general provisions respecting bail division 1 bail generally 6. A followup on the impact of the bail act 20 nsw on trends in bail 2016 pdf 348kb mr the impact of the nsw bail act 20 on trends in bail and remand in new south wales 2015 pdf 673kb mr. Discussion paper alrc inquiry into the incarceration. Bail is an accepted part of the criminal justice system. The report made some scathing criticisms of the act. The history of bail law in new south wales chapter 3 0. Whether the bail act should include a statement ofits objects alld ifso, what those objects should be. Two studies were conducted into bail by the nsw bureau of crime statistics and.
Bail act 1978 is within the scope of wikiproject australia, which aims to improve wikipedia s coverage of australia and australiarelated topics. Bail act 1978 as at 20 may 2014 act 161 of 1978 table of provisions long title part 1 preliminary 1. Act 1925, surrender to custody means, in relation to a person released on bail, surrendering himself into the custody of the court or of the constable according to the. Bail act 1978 nsw rule of law institute of australia.
Court of nsw and a selection of unreported decisions2 since the act came into. Bail act 1978 as at 20 may 2014 act 161 of 1978 notes does not include amendments by. Bail act 1978 as at 20 may 2014 act 161 of 1978 notes. The purpose of the bail act 20 is contained in section 3 of the legislation.
It was established by the judicial officers act 1986. The act has been amended in a significant respect twice since its enactment. We would like to show you a description here but the site wont allow us. It is our contention that s22a is ill thought out and without sufficient empirical foundation. Pdf versions of this legislation produced from 23 september 20 are authorised by the queensland parliamentary counsel. 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.
Application of act part 2 general provisions respecting bail division 1. If bail is refused in the local court, the prisoner can only make another application for bail in the local court if there are grounds for a further application bail act 20 nsw, s 74. Authorisation this version of the legislation is compiled and maintained in a database of legislation by the. Major amendments to the presumptions in the bail act 1978. On 28 january 2015, the bail amendment act 2014 commenced. New south wales has the largest remand popu lation in australia there were a total of 941. Acceptable person form bail act 1978 justicelink case no. It points to the inadequacies of the bail act 1978 nsw for dealing with young people, and highlights the ways in which recent. There are many media articles available online discussing recent bail decisions. It supports the rule of law by providing a clear legal process for balancing the presumption of innocence with the safety of the community when a person is arrested and charged. Ncoss has been concerned about the number of incremental changes that have been made to the bail act with very little evaluation of the impact of each change. The judicial commission of nsw, an independent statutory corporation, is part of the judicial arm of government. My current bail reporting conditions and my current bail residence conditions are as detailed on my form of bail undertaking a copy of which is attached.
Nsw bail act changes attacked by media lawyers weekly. The bail act 20 an overview and some issues affecting the supreme court twilight seminar, supreme court of new south wales, 8 april 2014 justice peter johnson an edited version of this paper was published in 2014 judicial officers bulletin 37 1 the bail act 20 is expected to commence on 20 may 2014. Bail act 1978 no 161 nsw part 1 preliminary part 1 preliminary 1 name of act this act may be cited as the bail act 1978. If you would like to participate, visit the project page. Between 2007 and 2008, the juvenile remand population in new south wales nsw grew by 32 per cent, from an average of 181 per day to 239 per day. This amending legislation represents the legislative response to the decision of lawson v dunlevy 2012 nswsc 48. The original 1978 bail act under s9 1 stated that there was presumption in favour of bail for all offences except offences against section 51 throwing rocksobjects at vehicles and offences under 95,96,97 and 98 various robbery offences of the crimes act 1900. Bureau of crime statistics and research 1983, the operation of the bail act 1978 pdf, dept. Prisoners can also apply to the supreme court for bail. Page 2 history of the bail act the bail act 1978 began as a relatively simple piece of legislation. Office and published on the nsw legislation website. 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. The nsw bail act 1978 was introduced by a newly elected labor.
The bail act 1978 16 the bail act is the legislation which is central to the answers to the separate questions. Low this article has been rated as lowimportance on the projects importance scale. If the arrest of any group member occurred in circumstances where that. While it was considered groundbreaking when enacted, it has been reformed several times to increase a presumption against bail. While it was considered groundbreaking when enacted, 5 it has been reformed several times to increase a presumption against bail. Ncoss welcomes the opportunity to comment on the nsw bail act 1978 the act. The bail act 20 introduces the concept of a bail acknowledgment in place of a bail undertaking. 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.
It requires a bail authority to have regard to the presumption of innocence and the general right to be at liberty. Part d return of security lodged where security is lodged in cash and is to be returned, the cash will be returned by cheque or by electronic funds transfer. History of the bail act the bail act 1978 began as a relatively simple piece of legislation. The process for applying for bail in the supreme court changed substantially in june 2019 with the. Offence that is both a schedule 1 and a schedule 2 offence 3aab. Bail is defined under the bail act 1978 as authorisation to be at liberty. The hon chairper april 201 g smith s general fo, governor place nsw 200 rney e this repor. Industrial relations amendment jurisdiction of industrial relations commission act 2009 no 32 not commenced repeal. Bail act 20 bail amendment act 2014 international journal. The state of queensland office of queensland parliamentary counsel 20142020 ver. The hon attorney level 31 1 farrer sydney dear atto bail we mak 2011.
Start this article has been rated as startclass on the projects quality scale. The act codified the law relating to bail, which previously had been contained in various statutes and common law. For nearly all offences there was a presumption in favour of bail. This project will have a particular focus on the new unacceptable risk test. The 1978 act codified the law relating to bail in a single, comprehensive statute. The passage of the act was expedited by the fatal shooting of a bank manager during a bank robbery by a person then on bail on a charge of. Amendment 2002 had its genesis in studies by nsw police and the. Community justice coalition submission to the new south wales. The aim of this project is to provide an insight into the way the bail act 20 nsw may be interpreted and applied. It is the amendment in respect of s22a, and in particular the resultant changes to the configuration of bail, that is the subject of this article. This is not a new consideration, with the presumption of innocence operating at common law. Nsw attorneygeneral greg smith tabled a report into the bail act the act by the nsw law reform commission on wednesday june. Jun 15, 2012 proposed changes to the bail act in nsw have been supported by legal bodies but widely criticised in the media. Practice, procedure and principles, sydney, 1981, p.
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