Bail Reform NSW

The Bail Act 1978 (NSW) was introduced primarily to:

• Remove bail entirely for serious indictable offences
• Simplify bail decisions while protecting presumption of innocence
• Ensure all bail decisions were made by the High Court
• Ban bail for juveniles

What major criticism of the Bail Act 1978 (NSW) led to calls for reform?

• It was too short and lacked legal authority
• It was overly complex with more than 80 amendments
• It was never applied in the Local Court
• It only applied to adults, not juveniles

Which Act replaced the Bail Act 1978 (NSW)?

• Crimes (Sentencing Procedure) Act 1999
• Bail Act 2013 (NSW)
• Bail Reform Act 2015 (NSW)
• Bail Act 2001 (NSW)

In R v Fesus [2014] NSWSC 932, Justice Hulme highlighted the importance of:

• Mandatory detention for repeat offenders
• Applying the unacceptable risk test under the new Bail Act 2013
• Abolishing all bail conditions
• Introducing show cause offences

Why was R v Hawi [2014] NSWSC 837 significant in bail reform?

• It abolished the unacceptable risk test
• Media outrage over Hawi’s bail grant led directly to the Bail Amendment Act 2014 (NSW) introducing show cause
• It created electronic monitoring conditions for the first time
• It allowed juveniles to apply for bail without restrictions

Which of the following is a show cause offence under NSW law?

• Murder
• Shoplifting
• Speeding
• Trespass

Under the Bail Act 2013, an unacceptable risk occurs if the accused is likely to:

• Fail to appear at court
• Commit a serious offence
• Endanger community safety or interfere with witnesses
• All of the above

Section 18 of the Bail Act 2013 requires the Court to consider:

• Only the seriousness of the offence
• All listed factors in the Act when assessing bail risk
• Public opinion
• The cost of imprisonment

Bail conditions may include:

• Restrictions on conduct
• Surety payments
• Electronic monitoring
• All of the above

R v Milat [1996] NSWSC 422 influenced bail debates because:

• It was a minor offence
• It involved serial murders, showing the need for strict bail assessment
• It abolished show cause
• It required media approval for bail