legal essay bail reforms Flashcards
sentence1-point
BR, implemented on July 1, 2024, in New South Wales, aimed to improve justice for DVV by imposing SBC on all AOs.
sentence2-point
ROI, challenges in enforcement and consequences that are unintended have arisen.
sentence1-explanation
Individuals that accused of serious DVO may be granted bail under some conditions that sometimes might fail to ensure the victim’s safety.
sentence2-explanation
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
sentence3-explanation
Those granted bail are now forced to undergo electronic monitoring, such as ankle bracelets, enhance VP and closely track their movements
sentence1-evidence
significant increase number of DVOs now held in custody since the implementation of these reforms
sentence2-evidence
(TDT, September 2024) The number of DV-related inmates had a huge jump to 1755, up from 930 in the same quarter of 2018.
sentence3-evidence
-Rise suggests that stricter bail is resulting in more AO being jailed before trial
sentence4-evidence
Introduction of EM aims to reduce risks associated with the release of accused individuals on bail, thereby improving the victim’s safety
sentence1-evaluation
reforms protect victims, but have led to many UCs.
sentence2-evaluation
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.
sentence3-evaluation
the effectiveness of EM is unpredictable on RA and strict enforcement.
sentence4-evaluation
Concerns have also been raised about the possibility that these measures to disproportionately impact marginalised communities
link1
importance and need for a more balanced approach that ensures both the victim’s and the rights of the accused’s safety
link2
BR strengthened the protection for DVV by putting SBC
LINK3
Many challenges in enforcement and the strain on CF highlight the complexity of managing DV through LR alone.