NEW BAIL LAWS ARE NOW IN OPERATION

MEMBER for Northern Tablelands Adam Marshall today said that the NSW Government’s tough bail laws were now in force, making it harder for serious offenders to get bail.

 

Mr Marshall said that the community should feel safer now the changes were in place.

 

“From now, new laws makes it very clear that those who pose an unacceptable risk as defined in the legislation, should no longer be released on bail,” he said.

 

“In the case of certain serious offences, the onus will be on the accused to show why their detention in custody is not justified.

 

“This applies to crimes punishable by life imprisonment, the sexual assault of a child, serious firearm and drug offences, repeat personal violence offences and any serious indictable offence committed while a person is on bail or parole.”

 

Some of the key changes that have been adopted include:

 

  • Accused people deemed an “unacceptable risk” will be refused bail;
  • New risk factors will be included in the determination of bail, including whether the accused has criminal associations, victims’ views and whether the accused have any history of non-compliance with bail and other court orders; and
  • Making it clear the new Bail Act by itself is not a “change of circumstances” sufficient to justify a review of a previous bail decision.

 

“Since the amendments were passed by Parliament thousands of frontline police, legal practitioners and the judiciary have received training,” Mr Marshall said.

 

“The time required to guarantee all Police and courts understand the bail laws has been critical to ensure appropriate decision making as they go about their work.

 

“The Bail Monitoring Group, which consists of representatives from Police and Justice agencies will continue to review the Bail Act to ensure it is operating as intended by the Government and as expected by our community.”

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