What did the Bail Act 1978 do?

What did the Bail Act 1978 do?

When the Bail Act was enacted in NSW in 1978 it created a presumption in favour of bail for all offences except violent or armed robbery. Since then, numerous changes have been made to the Act and it is now considerably more complex than it was when first passed.

What is the presumption against bail?

The presumption means that bail should be granted unless there are good reasons for it being refused. The presumption does not apply to bail applications made upon lodging an appeal against a conviction or sentence, or where section 10A applies (see below).

When was the unacceptable risk test introduced?

“unacceptable risk” test found in the Bail Act 2013 (NSW). New South Wales Law Reform Commission, above n 5, 71.

When is bail denied due to public safety?

When a defendant is denied bail based on a public safety exception, it’s sometimes called a “protective detention.” In some jurisdictions, the right to bail is subject to “public safety exceptions.” These exceptions allow prosecutors to argue that bail should be denied altogether when the defendant poses a danger to the public.

What causes a person to not be granted bail?

cause an associated person to fear physical or mental injury. If you have been arrested for breach of bail for this offence and there is a fear of failure to surrender, further offences or interference with witnesses.

Can a dangerous defendant be released on bail?

Ordinarily, yes. But there are some exceptions. One common exception applies to defendants who pose a danger to the community. A defendant is innocent until proven guilty. But the government also has an interest in making sure people come to court.

What happens if I refuse to go to court on bail?

However, if once Police have completed the charges and made a determination on bail, it is too late to get an accused person to court before closing (about 4pm Monday to Fridays), they will usually be held in the Police cells at the Police station until the next morning.

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