Bail and Remand Flashcards
Bail
conditional or unconditional release of an accused awaiting trial
remand
detention of an accused in custody awaiting trial
what presumption does bail uphold
the presumption of innocence - one is always deemed innocent until found guilty
list all the bail amendment acts
Bail Act 1978 (NSW), Bail Act 2013 (NSW), Bail Amendment Act 2014 (NSW), Bail Amendment Act 2015 (NSW)
Bail Act 1978 (NSW)
- complex, unworkable, numerous amendments
- 2012 NSWLRC made recommendations on this act
- lots of young people on remand, this was seen by BOCSAR that many of these young people were not even sentenced
- not meeting societies needs
Bail Act 2013 (NSW)
- implemented a ‘risk management test’, which meant, any risk to society/victims could be mitigated under strict bail conditions
2 examples under the Bail Act 2013 (NSW)
- R v Hawi (2014)
- R v Fesus (2014)
case - Hawi
- murdered a male in 2009
- while awaiting appeal, he applied for bail
- bail was granted under the risk management test
- a violent offender was out in the community
- posed a threat to society and other gang members
case - Fesus
- strangled his wife and dumped her in a grave near wollongong
similarities in the cases - Hawi and Fesis
both cases received public outcry and media attention, letting the government seeing the loopholes in the new act, to let violent people who posed a significant threat to society, out on bail
why was the 2013 act bad - regarding young offenders
too many young offenders on remand, these young offenders need a place where they can be rehabilitated, and jail isnt a place for that
Bail Amendment Act 2014 (NSW)
introduced the presumption AGAINST bail for serious indictable offences, requiring the accused to “show cause” as to why their detention on remand was not warranted (have to convince that they are not a threat to society)
statistics 2013-2015
Bureau of Crime Statistics and Research found the 32% increase in NSW remand populaiton between July 2013, and June 2015
2014 act (+)
was an attempt to rebalance the rights of the accused, victims and society to ensure safety for all
reason for Bail Amendment Act 2015 (NSW)
In December 2014, Man Monis killed 2 people during the Lindt Cafe siege. At the time, Monis was on bail for various alleged offences, as a result of the Inquest findings, NSW Parliament passed a further reform (2015)
2015 act objective
states that bail will be refused for any accused who has terrorist links, protecting society and meeting their needs
BOCSAR stats
- after May 2014, defendants refused bail rose from 27.6% to 32.6%
- between 2023-2024, the prison pop. decreased by 8.8% and remand pop. increased by 11.7%
- in march 2024, 43.7% of the adult prison pop. were on remand
article - judge
“NSW judge criticises new bail laws passed after Daily telegraph campaign” The Guardian, June 2022
article - brutal
“Man on bail charged with ‘brutal’ alleged murder of former partner” TSMH, April 2024
Steins sentence
maximum life sentence of life prison without parole
Justice Wilson’s comments on stein
failed to demonstrate “any shred of remorse”, for such a “shockingly callous crime”
article - sentence
“Justin Stein sentenced to life in prison without parole for the murder of nine-year-old school girl CM” ABC, Aug 2024
reasons for max sentence (made rehabilitation less likely)
- CM’s age
- He never overcame his drug addiction
- “Complete lack of remorse”
Steins remand
20 May 2022 - did not attend court
how long was he on remand for
2 years, 2014 - imposes the 2014 bail act that shows he poses a risk to society and cannot ‘show cause’ why he should be on bail, and he was also a threat to kallista
