Review of Bail Act 1978 (NSW)Criminal Law Review

NSW Department of Justice and Attorney GeneralOctober 2010

At its heart the Act is a complex risk assessment scheme balancing three broad principles

1 The presumption of innocence bail is not intended to be a form of punishment nor is a bail determination a judgment of guilt or innocence2 Flight risks and Court attendance in order for the criminal justice system tofunction effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee3 Protection of the community an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger to someone else or to him or herself

What is the purpose of bail

As noted in a 1998 NSW Parliamentary paper on bail laws in NSW there has been a tremendous shift away from the original emphasis of bringing the accused to trial to an emphasis on protecting the community from possible violent acts while the accused is on bail3

3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Research paper lsquoBail in NSWrsquo briefing paper No 2597 1998

The scheme applies to any offence heard in NSW whether it is against a Commonwealth or NSW criminal law An application for bail can be made

after charge and before the first appearance at Court (Police bail)

during any adjournments before or after the start of the hearing of the case

between committal for trial or sentence and appearance in the District or Supreme Court

between date of conviction and date of sentence during any period of the stay of execution of a

judgment or sentence while waiting for the hearing of an appeal and in various other circumstances

When is bail considered

Police are usually the first authority to consider whether to release an arrested person on bail or not The rules applying to Police and Court bail are essentially the same A Police officer of the rank of sergeant or above or the officer who is in charge of the Police station is authorised to grant bail as long as a Court has not already decided that bail is to be refused in relation to a particular charge or the requirement for bail has already been dispensed with (s17)

Police Bail

How bail workshellip

Additional criteria to be considered

In addition to determining which classification an offence falls within the authorised officer or Court must then consider further criteria as outlined in s32 of the Act The criteria include

the probability of whether a person will appear in Court In this regard a Court can only consider the persons background and community ties any previous failure to appear circumstances of the offence including seriousness and severity of probable penalty

the interests of the person having regard to length of time likely to be spent on remand and the conditions thereof

the need of the person to be free to prepare for the personrsquos appearance in Court or to obtain legal advice or both

whether the person is incapacitated by intoxication injury or drug use or in need of protection

Additional criteria to be considered

the protection of the victim and their close relatives and any other person considered to be in need of protection

the protection and welfare of the community having regard to previous failure to observe a bail condition likelihood of the person interfering with evidence witnesses or jurors and likelihood that the person will commit an offence while on bail

the person is under the age of 18 years or is an Aboriginal person or a Torres Strait Islander or has an intellectual disability or is mentally ill and any special needs of the person arising from that fact

the person is a person referred to in section 9B (3) the nature of the personrsquos criminal history having regard to the nature and seriousness of any indictable offences of which the person has been previously convicted the number of any previous such offences and the length of periods between those offences

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

At its heart the Act is a complex risk assessment scheme balancing three broad principles

1 The presumption of innocence bail is not intended to be a form of punishment nor is a bail determination a judgment of guilt or innocence2 Flight risks and Court attendance in order for the criminal justice system tofunction effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee3 Protection of the community an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger to someone else or to him or herself

What is the purpose of bail

As noted in a 1998 NSW Parliamentary paper on bail laws in NSW there has been a tremendous shift away from the original emphasis of bringing the accused to trial to an emphasis on protecting the community from possible violent acts while the accused is on bail3

3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Research paper lsquoBail in NSWrsquo briefing paper No 2597 1998

The scheme applies to any offence heard in NSW whether it is against a Commonwealth or NSW criminal law An application for bail can be made

after charge and before the first appearance at Court (Police bail)

during any adjournments before or after the start of the hearing of the case

between committal for trial or sentence and appearance in the District or Supreme Court

between date of conviction and date of sentence during any period of the stay of execution of a

judgment or sentence while waiting for the hearing of an appeal and in various other circumstances

When is bail considered

Police are usually the first authority to consider whether to release an arrested person on bail or not The rules applying to Police and Court bail are essentially the same A Police officer of the rank of sergeant or above or the officer who is in charge of the Police station is authorised to grant bail as long as a Court has not already decided that bail is to be refused in relation to a particular charge or the requirement for bail has already been dispensed with (s17)

Police Bail

How bail workshellip

Additional criteria to be considered

In addition to determining which classification an offence falls within the authorised officer or Court must then consider further criteria as outlined in s32 of the Act The criteria include

the probability of whether a person will appear in Court In this regard a Court can only consider the persons background and community ties any previous failure to appear circumstances of the offence including seriousness and severity of probable penalty

the interests of the person having regard to length of time likely to be spent on remand and the conditions thereof

the need of the person to be free to prepare for the personrsquos appearance in Court or to obtain legal advice or both

whether the person is incapacitated by intoxication injury or drug use or in need of protection

Additional criteria to be considered

the protection of the victim and their close relatives and any other person considered to be in need of protection

the protection and welfare of the community having regard to previous failure to observe a bail condition likelihood of the person interfering with evidence witnesses or jurors and likelihood that the person will commit an offence while on bail

the person is under the age of 18 years or is an Aboriginal person or a Torres Strait Islander or has an intellectual disability or is mentally ill and any special needs of the person arising from that fact

the person is a person referred to in section 9B (3) the nature of the personrsquos criminal history having regard to the nature and seriousness of any indictable offences of which the person has been previously convicted the number of any previous such offences and the length of periods between those offences

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

As noted in a 1998 NSW Parliamentary paper on bail laws in NSW there has been a tremendous shift away from the original emphasis of bringing the accused to trial to an emphasis on protecting the community from possible violent acts while the accused is on bail3

3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Research paper lsquoBail in NSWrsquo briefing paper No 2597 1998

The scheme applies to any offence heard in NSW whether it is against a Commonwealth or NSW criminal law An application for bail can be made

after charge and before the first appearance at Court (Police bail)

during any adjournments before or after the start of the hearing of the case

between committal for trial or sentence and appearance in the District or Supreme Court

between date of conviction and date of sentence during any period of the stay of execution of a

judgment or sentence while waiting for the hearing of an appeal and in various other circumstances

When is bail considered

Police are usually the first authority to consider whether to release an arrested person on bail or not The rules applying to Police and Court bail are essentially the same A Police officer of the rank of sergeant or above or the officer who is in charge of the Police station is authorised to grant bail as long as a Court has not already decided that bail is to be refused in relation to a particular charge or the requirement for bail has already been dispensed with (s17)

Police Bail

How bail workshellip

Additional criteria to be considered

In addition to determining which classification an offence falls within the authorised officer or Court must then consider further criteria as outlined in s32 of the Act The criteria include

the probability of whether a person will appear in Court In this regard a Court can only consider the persons background and community ties any previous failure to appear circumstances of the offence including seriousness and severity of probable penalty

the interests of the person having regard to length of time likely to be spent on remand and the conditions thereof

the need of the person to be free to prepare for the personrsquos appearance in Court or to obtain legal advice or both

whether the person is incapacitated by intoxication injury or drug use or in need of protection

Additional criteria to be considered

the protection of the victim and their close relatives and any other person considered to be in need of protection

the protection and welfare of the community having regard to previous failure to observe a bail condition likelihood of the person interfering with evidence witnesses or jurors and likelihood that the person will commit an offence while on bail

the person is under the age of 18 years or is an Aboriginal person or a Torres Strait Islander or has an intellectual disability or is mentally ill and any special needs of the person arising from that fact

the person is a person referred to in section 9B (3) the nature of the personrsquos criminal history having regard to the nature and seriousness of any indictable offences of which the person has been previously convicted the number of any previous such offences and the length of periods between those offences

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

The scheme applies to any offence heard in NSW whether it is against a Commonwealth or NSW criminal law An application for bail can be made

after charge and before the first appearance at Court (Police bail)

during any adjournments before or after the start of the hearing of the case

between committal for trial or sentence and appearance in the District or Supreme Court

between date of conviction and date of sentence during any period of the stay of execution of a

judgment or sentence while waiting for the hearing of an appeal and in various other circumstances

When is bail considered

Police are usually the first authority to consider whether to release an arrested person on bail or not The rules applying to Police and Court bail are essentially the same A Police officer of the rank of sergeant or above or the officer who is in charge of the Police station is authorised to grant bail as long as a Court has not already decided that bail is to be refused in relation to a particular charge or the requirement for bail has already been dispensed with (s17)

Police Bail

How bail workshellip

Additional criteria to be considered

In addition to determining which classification an offence falls within the authorised officer or Court must then consider further criteria as outlined in s32 of the Act The criteria include

the probability of whether a person will appear in Court In this regard a Court can only consider the persons background and community ties any previous failure to appear circumstances of the offence including seriousness and severity of probable penalty

the interests of the person having regard to length of time likely to be spent on remand and the conditions thereof

the need of the person to be free to prepare for the personrsquos appearance in Court or to obtain legal advice or both

whether the person is incapacitated by intoxication injury or drug use or in need of protection

Additional criteria to be considered

the protection of the victim and their close relatives and any other person considered to be in need of protection

the protection and welfare of the community having regard to previous failure to observe a bail condition likelihood of the person interfering with evidence witnesses or jurors and likelihood that the person will commit an offence while on bail

the person is under the age of 18 years or is an Aboriginal person or a Torres Strait Islander or has an intellectual disability or is mentally ill and any special needs of the person arising from that fact

the person is a person referred to in section 9B (3) the nature of the personrsquos criminal history having regard to the nature and seriousness of any indictable offences of which the person has been previously convicted the number of any previous such offences and the length of periods between those offences

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

Police are usually the first authority to consider whether to release an arrested person on bail or not The rules applying to Police and Court bail are essentially the same A Police officer of the rank of sergeant or above or the officer who is in charge of the Police station is authorised to grant bail as long as a Court has not already decided that bail is to be refused in relation to a particular charge or the requirement for bail has already been dispensed with (s17)

Police Bail

How bail workshellip

Additional criteria to be considered

In addition to determining which classification an offence falls within the authorised officer or Court must then consider further criteria as outlined in s32 of the Act The criteria include

the probability of whether a person will appear in Court In this regard a Court can only consider the persons background and community ties any previous failure to appear circumstances of the offence including seriousness and severity of probable penalty

the interests of the person having regard to length of time likely to be spent on remand and the conditions thereof

the need of the person to be free to prepare for the personrsquos appearance in Court or to obtain legal advice or both

whether the person is incapacitated by intoxication injury or drug use or in need of protection

Additional criteria to be considered

the protection of the victim and their close relatives and any other person considered to be in need of protection

the protection and welfare of the community having regard to previous failure to observe a bail condition likelihood of the person interfering with evidence witnesses or jurors and likelihood that the person will commit an offence while on bail

the person is under the age of 18 years or is an Aboriginal person or a Torres Strait Islander or has an intellectual disability or is mentally ill and any special needs of the person arising from that fact

the person is a person referred to in section 9B (3) the nature of the personrsquos criminal history having regard to the nature and seriousness of any indictable offences of which the person has been previously convicted the number of any previous such offences and the length of periods between those offences

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

How bail workshellip

Additional criteria to be considered

In addition to determining which classification an offence falls within the authorised officer or Court must then consider further criteria as outlined in s32 of the Act The criteria include

the probability of whether a person will appear in Court In this regard a Court can only consider the persons background and community ties any previous failure to appear circumstances of the offence including seriousness and severity of probable penalty

the interests of the person having regard to length of time likely to be spent on remand and the conditions thereof

the need of the person to be free to prepare for the personrsquos appearance in Court or to obtain legal advice or both

whether the person is incapacitated by intoxication injury or drug use or in need of protection

Additional criteria to be considered

the protection of the victim and their close relatives and any other person considered to be in need of protection

the protection and welfare of the community having regard to previous failure to observe a bail condition likelihood of the person interfering with evidence witnesses or jurors and likelihood that the person will commit an offence while on bail

the person is under the age of 18 years or is an Aboriginal person or a Torres Strait Islander or has an intellectual disability or is mentally ill and any special needs of the person arising from that fact

the person is a person referred to in section 9B (3) the nature of the personrsquos criminal history having regard to the nature and seriousness of any indictable offences of which the person has been previously convicted the number of any previous such offences and the length of periods between those offences

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

Additional criteria to be considered

In addition to determining which classification an offence falls within the authorised officer or Court must then consider further criteria as outlined in s32 of the Act The criteria include

the probability of whether a person will appear in Court In this regard a Court can only consider the persons background and community ties any previous failure to appear circumstances of the offence including seriousness and severity of probable penalty

the interests of the person having regard to length of time likely to be spent on remand and the conditions thereof

the need of the person to be free to prepare for the personrsquos appearance in Court or to obtain legal advice or both

whether the person is incapacitated by intoxication injury or drug use or in need of protection

Additional criteria to be considered

the protection of the victim and their close relatives and any other person considered to be in need of protection

the protection and welfare of the community having regard to previous failure to observe a bail condition likelihood of the person interfering with evidence witnesses or jurors and likelihood that the person will commit an offence while on bail

the person is under the age of 18 years or is an Aboriginal person or a Torres Strait Islander or has an intellectual disability or is mentally ill and any special needs of the person arising from that fact

the person is a person referred to in section 9B (3) the nature of the personrsquos criminal history having regard to the nature and seriousness of any indictable offences of which the person has been previously convicted the number of any previous such offences and the length of periods between those offences

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

Additional criteria to be considered

the protection of the victim and their close relatives and any other person considered to be in need of protection

the protection and welfare of the community having regard to previous failure to observe a bail condition likelihood of the person interfering with evidence witnesses or jurors and likelihood that the person will commit an offence while on bail

the person is under the age of 18 years or is an Aboriginal person or a Torres Strait Islander or has an intellectual disability or is mentally ill and any special needs of the person arising from that fact

the person is a person referred to in section 9B (3) the nature of the personrsquos criminal history having regard to the nature and seriousness of any indictable offences of which the person has been previously convicted the number of any previous such offences and the length of periods between those offences

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

If bail is granted the Police officer an authorised officer or Court may impose conditions on the accused person (as set out in s36 amp s36A) for the purpose of promoting further effective law enforcement for the protection and welfare of any specially affected person or the community or reducing the likelihood of future offences being committed by promoting the treatment or rehabilitation of an accused person (s37(1)) Conditions may not be imposed that are any more onerous for theaccused person than is required by the nature of the offence or for the protection and welfare of any specially affected person or by the circumstances of the accusedperson (s37(2))

Bail may be granted unconditionally or subject to limited conditions

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

Sections 36(2) 36A 36B and 37A set out the conditions that may be imposed They include entering into an agreement to forfeit money observing certain conditions attending rehabilitation programs not to associate with a particular person not to go to particular place and surrendering a passport The amendments in relation to intervention programs were introduced in response to the NSW Drug Summit in 1999

Bail may be granted unconditionally or subject to limited conditions

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

Police have the power to arrest someone if they have reasonable grounds to believe that the person has failed to comply or is about to fail to comply with a bail undertaking or condition (s50)

It is an offence to fail to appear at Court in accordance with a bail undertaking with a maximum penalty equal to the maximum penalty for the offence for which the accused failed to appear or three years or 30 penalty units whichever is the lesser No sentence of imprisonment imposed for this offence is to exceed 3 years (s51) If a Court is satisfied that an accused has failed to appear then the Court may order the forfeiture of any money deposited or agreed to be forfeited (s53A) An affected person (for example the guarantor) may object to such an order (ss53C and 53D)

Failure to comply with bail undertaking

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

Remand population in NSWAs of 30 June 2009 the adult remand population in NSW was 26087 The remandpopulation in NSW has been steadily rising since the 30 June 2000 This trend istrue for both the male and female remand population New South Wales has the

highest number of unsentenced prisoners in Australia

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

In 2000 Ms Jacqueline Fitzgerald of the NSW Bureau of Crime Statistics and Research (BOCSAR) undertook a study of the remand population in NSW Fitzgerald found there were several factors contributing to the rise in the remand population

sdot the overall number of people appearing in the Local Courts had increasedsdot there had been an increase in the number of persons appearing for some offences with a high rate of bail refusalsdot there were indications that Police and magistrates were becoming less willing to grant bailsdot Court delay had increased in the Higher Courtssdot an increase in matters being dealt with summarily andsdot the targeting of repeat offenders by NSW Police Force

Fitzgerald Jacqueline Nov 2000 lsquoIncreases in the NSW Remand Populationrsquo Crime and Justice

StatisticsNSW Bureau of Crime Statistics and Research

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

In August 2004 Fitzgerald completed another study on bail this time analysing the impact of the Bail Amendment (Repeat Offenders) Act 2002 This amendment removed the presumption in favour of bail for various repeat offenders Fitzgerald found that since the amendments were introduced the bail refusal rate for defendants appearing in NSW Criminal Courts had increased by 7 per cent The increase was greatest among defendants targeted by the amendments ie thosewith prior convictions those appearing for an indictable offence and those who had previously failed to appear10 There is also evidence that amendments to the Act have resulted in an increase in the general remand population

Fitzgerald J amp Weatherburn D ldquoThe Bail Amendment (Repeat Offenders) Act 2002rdquo Crime amp Justice Bulletin 83

BOCSAR August 2004

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

Remand population in Australia

The increase in the remand population in NSW has been mirrored in other Australian jurisdictions In June 2010 there were 29361 persons in full-time custody in Australia comprising of 22535 sentenced and 6826 unsentenced prisoners The Australian Capital Territory and South Australia had the highest proportions of unsentenced prisoners (43 and 36 respectively) The lowest proportions ofunsentenced prisoners were recorded in Western Australia and Victoria (17 and 19 respectively) New South Wales had the highest number of unsentenced persons in full-time custody with 2778 people followed by Queensland with 121514 The total number of prisoners in Australia has increased by around 20 between 1995 and 2006 but remand numbers have jumped almost 150 over the same period

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

The consequences of remand

Remanding a person in custody is a serious matter Remandees awaiting trial enjoy a presumption of innocence yet they remain incarcerated often for months at a time The decision to remand an accused person in custody has consequences for both the individual and the community The financial and social consequences forthe accused include

1048706 being unable to care for children or other family members1048706 if employed losing their job1048706 being deprived of their liberty and unable to participate in ordinary life1048706 difficulty in preparing their defence to the charge1048706 incurring a stigma associated with being in prison and1048706 if they are not found guilty of the charges the hardship they have suffered by being on remand cannot be redressed

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

The consequences of remand

For the community there are also both financial and social ramifications Financially remanding accused persons in custody involve both the high cost of incarceration for the State and the cost of enforcing Court decisions and attendance as well as any delays to the Court operations The average cost per day to keep a prisoner incustody in NSW is $18714 for open custody and $21685 for secure custody The average cost per juvenile in custodial services in NSW in 2006-2007 was $54319 Socially the community is faced with the problem of reintegrating into society those who have served time on remand who have lost their job and community connections

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

The consequences of remandChilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime andJustice No 68 NSW Bureau of Crime Statistics and Research

Remanding a person into custody is not however a decision which courts take lightly In order for the criminal justice system to function effectively accused people must turn up to Court on set dates and an assessment must be made of the likelihood that a person will flee Similarly an assessment must be made as to whether the accused may commit more offences or interfere with the criminal justice process for example by interfering with witnesses or evidence or be a danger tosomeone else or to him or herself

Research indicates that a large number of people on bail fail to appear There are costs associated with their detection and arrest as well as the risk of further offences In 2008 around 55 of accused persons in the Local Court failed to appear and warrants were issued for their arrest In Higher Courts the rate was around 02 While these are significant reductions from 2001 where the rates were around 105 and 3 respectively there is concern that some of these accused personscontinue to commit offences whilst on bail

It is therefore important for bail laws to be carefully balanced to ensure that accused people are only remanded where it is necessary to achieve the stated aims of the bail scheme

Chilvers M Allen J and Doak P May 2002 lsquoAbsconding on Bailrsquo Bulletin ndash Contemporary Issues in Crime and

Justice No 68 NSW Bureau of Crime Statistics and Research

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

Presumption against Bail

Where the ldquopresumption against bailrdquo classification applies the accused must satisfy the Court that bail should not be refused This presumption has attracted a considerable sum of controversy for the following reasons1048706 the classification operates against the presumption of innocence and the requirement that the prosecution must prove the case against the accused1048706 there is a significant pressure to plead guilty to a minor offence if an accused cannot get bail and1048706 there is little redress for those who are refused bail and ultimately are acquitted Source Cran v State of NSW [2004] NSWCA 92

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27

• Review of Bail Act 1978 (NSW) Criminal Law Review NSW Depar
• What is the purpose of bail
• 3 As noted in Rachel Simpsonrsquos NSW Parliamentary Library Resea
• When is bail considered
• Police Bail
• How bail workshellip
• Slide 7
• Slide 8
• Slide 9
• Slide 10
• Slide 11
• Slide 12
• Additional criteria to be considered
• Additional criteria to be considered (2)
• Bail may be granted unconditionally or subject to limited co
• Bail may be granted unconditionally or subject to limited co (2)
• Failure to comply with bail undertaking
• Remand population in NSW As of 30 June 2009 the adult rem
• Slide 19
• Slide 20
• Slide 21
• Remand population in Australia
• The consequences of remand
• The consequences of remand (2)
• The consequences of remand Chilvers M Allen J and Doak P May
• Presumption against Bail
• Slide 27