Essay 1 - Bail and Remand

Question 1

List the LCMDI’s in order for paragraph 1 - victims

Answer 1

• Bail Act 2013 (the unacceptable risk test)
• BOCSAR: bail breaches have increased dramatically from 4.5 thousand in 2015 to 12.5 thousand in 2023
• Case: Molly Ticehurst

Question 2

List the LCMDIs for paragraph 1 - society

Answer 2

• BOCSAR: only 18 thousand out of 152 thousand offenders are on remand, with most being dispersed with or granted bail
• bail law reform for domestic violence offenders mentioned in victims

Question 3

List the LCMDIs for paragraph 1 - accused

Answer 3

• bail act 2013 (show cause test)
• Jacob Greig case

Question 4

List the LCMDIs of paragraph 2 - victims and society (combined)

Answer 4

• Jacob Greig case; violent crime taken into account, society and families of victims protected
• BOCSAR: percentage on remand has steadily increased since 2015 (ensuring dangerous people are kept in custody)
• BOCSAR: youth remand population has increased 41.1% over the past year

Question 5

List the LCMDIs for paragraph 2 - offenders

Answer 5

• rule of law: presumption of innocence

Question 6

Restate the conclusion statement

Answer 6

Therefore, the court’s process of reaching a decision whether to allow an accused person bail or hold them on remand reflects the tension between community’s interests and individual rights, through the process being moderately effective at balancing meeting society’s needs and protecting individual rights.

Question 7

Restate the introduction

Answer 7

Based on the criteria of meeting society’s needs and protection of individual rights, bail is somewhat effective, while remand is moderately effective, at balancing the tension between meeting community interests and protecting individual rights and freedoms.

Question 8

What are the judgements?
Overall:
Paragraph 1:
- victims:
- society:
- offenders:
Paragraph 2:
- victims/society:
- offenders:

Answer 8

Overall: moderately
Paragraph 1: somewhat
- victims: limited
- society: somewhat
- offenders: moderately
Paragraph 2: moderately
- victims/society: moderately
- offenders: somewhat