legal essay bail reforms Flashcards

1
Q

sentence1-point

A

BR, implemented on July 1, 2024, in New South Wales, aimed to improve justice for DVV by imposing SBC on all AOs.

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2
Q

sentence2-point

A

ROI, challenges in enforcement and consequences that are unintended have arisen.

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3
Q

sentence1-explanation

A

Individuals that accused of serious DVO may be granted bail under some conditions that sometimes might fail to ensure the victim’s safety.

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4
Q

sentence2-explanation

A

Bail and Other Legislation Amendment (DV) Act 2024 No 3, introduced a ‘show cause’ requirement which demands that accused individuals demonstrate why their arrest is not justified

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5
Q

sentence3-explanation

A

Those granted bail are now forced to undergo electronic monitoring, such as ankle bracelets, enhance VP and closely track their movements

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6
Q

sentence1-evidence

A

significant increase number of DVOs now held in custody since the implementation of these reforms

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7
Q

sentence2-evidence

A

(TDT, September 2024) The number of DV-related inmates had a huge jump to 1755, up from 930 in the same quarter of 2018.

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8
Q

sentence3-evidence

A

-Rise suggests that stricter bail is resulting in more AO being jailed before trial

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9
Q

sentence4-evidence

A

Introduction of EM aims to reduce risks associated with the release of accused individuals on bail, thereby improving the victim’s safety

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10
Q

sentence1-evaluation

A

reforms protect victims, but have led to many UCs.

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11
Q

sentence2-evaluation

A

The increased imprisonment population has weakened CF, with main remand centres reaching capacity, it is now necessary to put prisoners in regional jails to accommodate the overflow.

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12
Q

sentence3-evaluation

A

the effectiveness of EM is unpredictable on RA and strict enforcement.

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13
Q

sentence4-evaluation

A

Concerns have also been raised about the possibility that these measures to disproportionately impact marginalised communities

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14
Q

link1

A

importance and need for a more balanced approach that ensures both the victim’s and the rights of the accused’s safety

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15
Q

link2

A

BR strengthened the protection for DVV by putting SBC

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16
Q

LINK3

A

Many challenges in enforcement and the strain on CF highlight the complexity of managing DV through LR alone.