Contents

• Introduction
• Bail Law Change 1
• Bail Law Change 2
• Conclusion

Bail is permission to be free in the community for an alleged offense. New Bail laws in NSW hit the ground on 27 June 2022. The primary focus of the new bail laws is that:

• Any tele monitoring bail condition imposed should now first meet the required standards prescribed by the rules and regulations; and
• create a presumption that bail should be denied if a plea agreement is entered in court or if a serious crime is convicted, full-time jail will be ordered unless special or extraordinary circumstances can be evidenced This is the most essential bail modification.

These new bail laws in NSW have toughened the bail standards. The purpose of toughening the bail standards is to ensure the government’s dedication and devotion towards the safety of the community and to make sure that the country has toughest bail laws.

Bail Law Change 1:

The first of the new bail laws instructs the court NOT to give bail during the time of either being convicted (even after pleading guilty in court) and being sentenced for an offense for which the offender will receive a full time incarceration sentence (unless special or exceptional circumstances are shown). Bail may be granted if special or exceptional circumstances exist. The new Section 22B Bail Act reflects this.

This is intended to reflect the idea that bail exists to ensure the safety of victims and community members before every trial in order to protect each citizen’s right to the judicial process and the overall right to be free until their day in court till the case is resolved in court.

Bail is not intended to be a presumption of guilt or sanctions before a person is convicted. However, this does not imply that violators should be freed from prison in the public while awaiting sentencing if they’ve been convicted or pleaded guilty to a felony act and the court is confident that full-time imprisonment will be imposed upon sentence.

One major complaint of the new bail law is that it encourages individuals who might otherwise enter a guilty plea early in the court proceedings to do so fairly late in order to avoid being denied bail. This could have an influence on the early guilty plea reforms. To be out on bail has many other benefits, such as allowing someone who is likely to plead guilty to confront any contributing factors to the objectionable behavior, such as drug addiction or anger management, safely in the community with the assistance of family and friends. Being able to tackle these problems while on bail may address rehabilitation more effectively, lowering the risk of offending behavior, which is directly related to community safety.

Bail Law Change 2:

The new Section 30A Bail Act now states that if bail conditions warrant an accused person to be subject to electronic monitoring, the electronic monitoring must meet a certain basic threshold prescribed in the Regulations.

This essentially enhances the quality and effectiveness of ensuring that people granted bail under electronic monitoring conditions are adequately monitored in order to ensure community safety.

When considering electronic monitoring bail for an accused person, the court will consider how appropriate it will be. Evidence must be presented to the court to assist it in making that determination. Evidence from the electronic monitoring provider outlining the equipment and monitoring services it provides may be included. The court will consider its dependability, quality, and, with the implementation of these new bail laws, whether it meets quality standards to ensure better quality and community safety.

According to the new bail law, the court must be satisfied that electronic monitoring conditions for bail adequately reduce the threat of an accused person remaining in the community while facing serious criminal charges. If the court is satisfied with the conditions it will grant electronic monitoring.

NSW is the first state to establish minimum standards for the use of electronic monitoring as a bail condition. There was none prior to this. Perhaps the remaining provinces and territories will follow suit.

Although no laws can completely eliminate the possibility of an accused person attempting to remove or intrude with an electronic monitoring device, minimum standards will ensure adequate service delivery, notification, and prompt response from providers if an accused interferes or attempts to remove it.

Taking everything into account, the new bail laws in the NSW are there to toughen bail standards and for the safety of the community. The new bail laws have attracted a lot of criticism and backlash. According to NSW Attorney General Mark Speakman, “Bail exists to keep victims and our community safe before and during a trial, and to protect every person’s right to the presumption of innocence and the general right to be at liberty until they can have their day in court and their matter determined,”. “Fairness is supposed to be a cornerstone of the legal system, but here we have the Government pushing through a knee-jerk one-size-fits-all approach that will result in the imprisonment of people the changes are not intended for,” CEO of the Aboriginal Legal Service Karly Warner said. The tough bail laws will also increase the population in jails which can result in many other problems.

Conclusion

Taking everything into account, the new bail laws in the NSW are there to toughen bail standards and for the safety of the community. The new bail laws have attracted a lot of criticism and backlash. According to NSW Attorney General Mark Speakman, “Bail exists to keep victims and our community safe before and during a trial, and to protect every person’s right to the presumption of innocence and the general right to be at liberty until they can have their day in court and their matter determined,”. “Fairness is supposed to be a cornerstone of the legal system, but here we have the Government pushing through a knee-jerk one-size-fits-all approach that will result in the imprisonment of people the changes are not intended for,” CEO of the Aboriginal Legal Service Karly Warner said. The tough bail laws will also increase the population in jails which can result in many other problems.

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