Bail refused nsw. 46Duties if bail refused or accused person not released .

Bail refused nsw 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Historical version for 30 October 2023 to 2 April 2024 (accessed 22 December 2024 at 21:03) Page 2 of 76. An even greater impact on bail refusal Court of Criminal Appeal bail application . This represents an additional 1,500 bail refusals by NSW courts in the 2-year post reform period. We transmitted our Report: Bail: Additional show cause offences (PDF, a bail application to the Supreme Court and that you will represent yourself; or • you have asked for a lawyer to appear for you and have been refused a lawyer. The Court will hold the mortgage in safe-keeping, and will only register it if necessary to remedy a breach of bail conditions. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 1 November 2024 at 0:59) Page 2 of 80. This policy outlines Youth Justice NSW responsibilities regarding bail. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released The Bail Act 2013 commenced on 20 May 2014, 3 and the predecessor Bail Act 1978 was repealed. When a court denies bail, it means that you must remain in custody You can talk to your lawyer about making another bail application, or about applying for bail at the Supreme Court if you are going to be refused for a long time. Thirdly, the bail refusal risk was higher for those charged with offences where there was no presumption for or against bail than for those charged with offences involving a presumption against bail. This is problematic as it indicates that our model may be unable to account for the volatility in the bail refusal rates. Supreme Court Powers. 4 KB) Standard Conditions of Bail (PDF, 273. Bail is granted at the offence level and so a person may be granted bail for one offence and refused bail for another offence. 50 July 2010 ISSN 0813 5800 Corrective Services NSW . 22A applies to every subsequent application (unless at the first the person was unrepresented). com. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 6 December 2024 at 4:38) Page 2 of 80. Prior to early 2014, NSW bail laws were set out in the Bail Act 1978. The District Court reduces their sentence to a non-custodial sentence on appeal. nsw. The NSW Bail Act (2013) and subsequent amendments have had only a modest effect on the percentage of defendants refused bail, according to the NSW Bureau of Crime Statistics and Research (BOCSAR). 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Historical version for 3 April 2024 to 30 June 2024 (accessed 10 November 2024 at 22:03) Page 2 of 78. au Bail Act 2013 No 26 [NSW] Historical version for 1 July 2024 to 10 October 2024 (accessed 27 December 2024 at 9:32) Page 2 of 79. 16Flow charts—key features of Bail Act 2013 No 26 [NSW] Historical version for 30 October 2023 to 2 April 2024 (accessed 22 May 2024 at 1:01) Page 2 of 76. Despite the NSW Bail Act’s structured framework, prior research suggests there is substantial variation in bail decisions made by police and courts in NSW, Of the 252 defendants whose bail hearings we observed after they were refused bail by police, 44% were released on bail by the court (n=110), and 12% had their matter Bail Act 2013 No 26 [NSW] Current version for 1 July 2024 to date (accessed 25 July 2024 at 10:10) Page 2 of 79. All articles from our website & app. The Hon Chairper April 201 G Smith S General fo, Governor Place NSW 200 rney e this repor Bail Act 2013 No 26 [NSW] Historical version for 1 July 2024 to 10 October 2024 (accessed 30 December 2024 at 13:40) Page 2 of 79. Send your form tothe . gov. If you are bail refused, you need to go to court to apply for bail. Bail Act 2013 No 26 [NSW] Current version for 3 April 2024 to date (accessed 8 June 2024 at 9:03) Page 2 of 78. b. If police refuse bail, then the accused is held in custody, typically for a period of 24 hours or less, until they can be brought before a magistrate for their first court bail hearing. While we find no effect for the police bail decision, we do find a significant effect for the courts bail decision. Supreme Court Bails Registry . The study was conducted to assess the effect of the presumptions surrounding bail on A bail application in NSW can only be made to the same Court once, therefore, a Court that has already refused a person bail must refuse to hear any further application by that person, unless the person can satisfy one of the grounds Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 27 December 2024 at 14:08) Page 2 of 80. 5% of adults refused bail by police were granted bail by the courts. Section 22A is explicit. You will have to go to court to respond to the charges and the AVO application. Bail means the temporary release from custody, usually on conditions, of an accused until it is time for their trial. This study examines the relationship between various statutory presumptions surrounding bail and the risk of bail refusal. 5 The Commission noted that the 1978 Act was “one of the most convoluted and restrictive bail statutes in Australia” 6 and that the “current scheme of refused bail by the courts. This new bail decision is made pursuant to s 62 of the Bail Act 2013 (NSW). Report. Login or signup to continue reading. Specific objectives of the study were to: • Identify the number and proportion of defendants refused bail where homelessness was a factor • Identify factors related to bail refusal decision • Compare the characteristics of homeless and non-homeless defendants who were refused bail, and account for volatility in bail refusal rates. “Some of these offences were committed within 24 hours of the first court appearance date for other hours,” she said. Specific objectives of the study were to: • Identify the number and proportion of defendants refused bail where homelessness was a factor • Identify factors related to bail refusal decision • Compare the characteristics of homeless and non-homeless defendants who were refused bail, and Bail Act 2013 No 26 [NSW] Historical version for 1 July 2024 to 10 October 2024 (accessed 20 December 2024 at 11:22) Page 2 of 79. If the court refuses you bail, you will have to stay in custody until your next court date or until sentencing. If you plead has been granted bail but one or more conditions cannot be met; appears at court having been bail refused by police; is on a control order, has lodged an appeal and wants to be released from custody until the appeal hearing. The police bail refusal rate is now around two percentage points lower than it was in 2012 and 2013. 12 Australian Bureau of Statistics, 4517. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released 20 When can bail be refused 12 21 Special rule for offences for which there is a right to release 12 22 General limitation on court’s power to release 13 Division 3 Bail conditions 23 Bail can be granted with or without conditions 13 24 General rules for bail conditions 14 41 Limitation on length of adjournments if bail refused . Following the introduction of the NSW Bail Act 2013, there was a sharp transient fall in the percentage of defendants refused bail by police and courts. Our client was charged with serious offences and bail refused at Liverpool Local Court. There are restrictions on making a second bail application in the Supreme Court, but an accused person is entitled to make an application for bail in the Court of Criminal Appeal. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that Bail Act 2013 No 26 [NSW] Historical version for 30 October 2023 to 2 April 2024 (accessed 19 April 2024 at 23:38) Page 2 of 76. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released On 10 September 2014, and on 14 January 2015, the Attorney General asked us to consider proposals to make amendments to the Bail Act 2013 (NSW) in relation to the categories of offences for which bail must be refused unless an accused can "show cause" why their detention is not justified. 0 –Prisoners in A total 37,165 cases where defendants were either granted or refused bail by a Local Court were analysed to determine what impact the presumptions surrounding bail had on the risk of bail refusal. Case facts. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Produced by BOCSAR, the Did the 2013 Bail Act Increase the Risk of Bail Refusal? report found that since tougher bail laws came into play in January 2015, the number of average defendants refused bail by the courts is up by around 11 percent. In a bid to reduce the rate of bail refusal and thereby reduce the size of the remand population the NSW Department of Justice introduced the Bail Assessment Officer (BAO) program in mid-2016. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 31 December 2024 at 1:00) Page 2 of 80. This study set out to determine which factors are influential in adult first court bail If you have been refused bail in the Local Court, you may wish to apply to the Supreme Court. Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 30 December 2024 at 12:05) Page 2 of 80. Bail Bail is an agreement to attend court to answer a criminal charge. Table A1. Nonetheless, NSW courts have repeatedly identified common factual trends relevant to showing cause which may be useful to highlight in a bail application. Deputy Senior Public Defender. If you breach your bail it gets Bail is an agreement that you will attend court if you have been charged with one or more offences. If you are represented by a lawyer and your Bail was ultimately refused by magistrate Raelene Ellis. Bail Act 2013 No 26 [NSW] Historical version for 30 October 2023 to 2 April 2024 (accessed 27 September 2024 at 1:30) Page 2 of 76. Sydney solicitor Danny Eid requested in email to the New South Wales Local Court registry in October 2022, that Magistrate Hugh Donnelly “not preside” over a secondary application as the judicial member had already dealt with the hearing of a mental health application in respect of a client. What is The Bail Act 2013 NSW? The Bail Act 2013 involves a more streamlined bail system that is based on managing risk to the community. The power for the Supreme Court to grant bail is set out in section 66 of the Bail Act 2013 . Under the provisions of the Bail Act 2013, police and courts may grant or refuse to grant bail to alleged offenders. See Christmas closedown 2024–25 for more release you on bail, or refuse you bail. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Refusal by Police. Procedures after bail decision is made 46. The NSW Supreme Court has the power to grant bail after a person has been bail refused by the Parramatta bail court, central bail court or any other Local Court. 15 This section provides that the Local Court may hear a bail application where: (a) the court has convicted a person of the offence, and among NSW defendants who were refused bail. Main robustness checks for overall effect Outcome (1) A bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why his or her detention is not justified. Such circumstances include where: The Court has ordered a new trial and it has not commenced. Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that Bail Act 2013 No 26 [NSW] Current version for 30 October 2023 to date (accessed 6 March 2024 at 18:23) Page 2 of Section 18 of the Bail Act 2013 (NSW) lists all the matters the court must take into account in deciding whether to grant bail. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Current version for 1 July 2024 to date (accessed 5 August 2024 at 23:06) Page 2 of 79. Where a person has been refused bail they should be advised to 'request a review' of the previous decision pursuant to clause 8 of the Regulations either in person or by application on Part 2 of Form 3. For example, bail is regulated in New South Wales and Victoria a bail application to the Supreme Court and that you will represent yourself; or • you have asked for a lawyer to appear for you and have been refused a lawyer. I have attached a copy of the following identification: If there are concerns, but these can be reasonably mitigated by bail conditions, bail must be granted conditionally. This will be same day or next day. In addition, the factors associated with failure to appear while on bail were examined for each jurisdiction. As the alleged crimes might potentially result in a life sentence, he was among NSW defendants who were refused bail. Method: A total 37,165 cases where defendants were either granted or refused bail by a Local Court were analysed to determine Bail Act 2013 No 26 [NSW] Historical version for 3 April 2024 to 30 June 2024 (accessed 21 October 2024 at 10:11) Page 2 of 78. In this paper, trends in bail refusal, patterns of granting bail, and the rate of failing to appear in court while on bail were estimated for both NSW Local and Higher Courts. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released amendments came into effect were 11 per cent more likely to be bail refused by the court and eight per cent more likely to be refused bail by the police compared with those charged while the Bail Act 1978 (NSW) (hereafter referred to as the “old Bail Act”) was in force. Has your bail application been refused at the Supreme Court of NSW? In accordance with section 67 of the Bail Act, the Court of Criminal Appeal (CCA) may hear an application for bail in limited circumstances. 11 Lucy Snowball, Lenny Roth andDon Weatherburn, NSW Bureau of Crime Statistics Research, ‘Bail Presumptions and Risk of Bail Refusal: An Analysis of the NSW Bail Act’ Issue Paper No 49 (2010) 5. If you breach your bail it gets harder to get bail the next time. The bail hearing is when your bail application will be heard by a Judge. 4 The new Act followed a review of NSW bail laws by the NSW Law Reform Commission (the Commission). This is one of three anomalies surrounding the NSW Bail Act uncovered in a study of 37,165 cases where defendants were either granted or refused bail by a Local Court. It means remaining at liberty (often with some conditions), as opposed to being held in custody before the hearing of a criminal charge. Typically, a person has only one opportunity to submit a bail application to the Supreme Court. This section deals with:your entitlement to bail;bail conditions; andbreaching bail. Bail is only to be refused if the risk involved in granting bail is deemed unacceptable in accordance with Section 19 of the Bail Act 2013. Case Number Case Name R v Name of Applicant Address of Applicant Phone Number Email Address . Bail Act 2013 No 26 [NSW] Historical version for 1 July 2024 to 10 October 2024 (accessed 5 November 2024 at 16:58) Page 2 of 79. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Regulation 2014 [NSW] Published LW 7 February 2014 (2014 No 25) Part 1 Preliminary 1 Name of Regulation 4 2 Commencement 4 3 Definitions 4 refusal or dispensation of bail for the offence concerned, and (b) any conditions imposed on By Paul Gregoire and Ugur Nedim. Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that Bail Act 2013 No 26 [NSW] Current version for 3 April 2024 to date (accessed 22 June 2024 at 20:43) Page 2 of 78. If your application has not been fully completed it will be rejected. A brief history of bail laws. In 2023, 53. In New South Wales, bail conditions may require, but not be limited to, See types of bail conditions in NSW. That is, unless your bail application is reheard in the same Court or the If you have been refused bail, you can only ask for bail again if: § you were not represented by a lawyer the first time you asked for bail § you have new information to tell the court about why (a) bail was refused, or (b) bail conditions were imposed. If bail is granted, conditions may be imposed such as reporting to the police, surrendering passports, or providing a surety. Review of police decision by senior police officer Division 2 - Powers of courts and authorised justices--bail applications 48. It’s important to note that you typically only have one chance at a Supreme Court bail application, unless there are further grounds for a second application, such as new evidence or a change in circumstances. 5 per cent off pre-policy levels. 49 (NSW Bureau of Crime Statistics and Research, 2010) 1 3 Crimes Act 1900 (NSW) s 117 4 Crimes Act 1900 (NSW) s 59 . Due to the current bail laws, unless any new material became available, a further bail application in the Local Court was not allowed, meaning that to get bail we had to lodge a Supreme Court bail application. If bail is refused at Local or District Court, the accused is also able to lodge a bail application with the Supreme Court and the Court of Criminal Appeal. Keywords: NSW Bail What happens if bail is refused. bails@justice. Legal Aid NSW offices will be closed from Monday 23 December 2024 and will reopen on Monday 6 January 2025 . The NSW Bail Act (2013 (as amended)) increased the probability that the average defendant is refused bail by the courts by about 11 per cent. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released A man charged with the domestic violence murder of his wife at their NSW Hunter Valley home has been denied bail. by: • email: sc. By Andrew Haesler SC. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 1 January 2025 at 2:43) Page 2 of 80. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released refused bail. (2) If bail for an offence is dispensed with, the person accused of the offence is entitled to be at liberty for the offence, in the same way as if bail had been granted. Bail concerns After deciding whether you have to show cause, the court has to consider four things, also known as bail concerns. A seminar paper presented to the NSW Criminal Defence Lawyer's Association, 16 April 2008. Specific objectives of the study were to: • Identify the number and proportion of defendants refused bail where homelessness was a factor • Identify factors related to bail refusal decision • Compare the characteristics of homeless and non-homeless defendants who were refused bail, and Bail Act 2013 No 26 [NSW] Historical version for 30 October 2023 to 2 April 2024 (accessed 6 August 2024 at 7:23) Page 2 of 76. How Likely Is Bail To Be Granted? The likelihood of bail being granted to a person depends on the seriousness of the matter, including whether the ‘show cause’ requirement applies, a person’s prior criminal history or lack thereof and the This brochure explains how to apply for bail and what happens when you get bail. Remember, was refused bail on the NSW changes. “We’ve moved to change the Bail Act so that the views of victim’s families, regarding the danger presented by the accused, can be considered in bail applications for serious offences, including those which have a serious impact on the (1) A decision to dispense with bail can be made only by a court or authorised justice with power to make that bail decision under this Act. among NSW defendants who were refused bail. The Bail Amendment Act 2022 strengthens the Bail Act 2013 by: a. & Jamieson, 2020, p. Police will usually refuse bail when the charges are serious and take the accused to the Local Court, where they can apply again to the magistrate. A person who has been refused bail must apply again to the Court that refused bail or the Supreme Court. If the court has determined there are bail concerns and no bail conditions could reasonably be imposed to allay the concerns, then there is an unacceptable risk and bail must be refused. If you are represented by a lawyer and your Police Grant Bail DENIED BAIL AND HELD ON REMAND GRANTED BAIL AND RELEASED NO YES Accused Taken to Court SEPTEMBER 2014 Are there any conditions required to address bail concerns? In NSW a bail authority such as a police officer or a court must decide if there is an unacceptable risk that the accused will: will get a ‘bail hearing’ date. Such trends include: a. If bail is refused by the Local Court, there is an option for a further application for bail to be made before the Supreme Court of NSW. in a national first, requiring that any electronic monitoring imposed as a bail condition must meet any minimum standard prescribed in the regulations; and. Similarly to the court, the police can refuse bail on the following grounds: 3. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Historical version for 1 July 2024 to 10 October 2024 (accessed 27 December 2024 at 20:13) Page 2 of 79. The outcome can be either an approval or a refusal of bail. au; • post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001, Australia; or Bail [20-000] Introduction [20-060] Bail decisions that may be made — s 8 [20-240] Practical application of the Bail Act [20-320] Reasons to be recorded [20-340] Procedure for conditional release [20-380] Procedure where bail is refused [20-480] Procedures following a grant of bail [20-580] Enforcement of bail requirements and breaches of bail conditions The NSW Supreme Court has the power to grant bail after a person has been bail refused by the Parramatta bail court, central bail court or any other Local Court. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail. Specific objectives of the study were to: • Identify the number and proportion of defendants refused bail where homelessness was a factor • Identify factors related to bail refusal decision • Compare the characteristics of homeless and non-homeless defendants who were refused bail, and Bail Act 2013 No 26 [NSW] Historical version for 1 July 2024 to 10 October 2024 (accessed 30 December 2024 at 19:50) Page 2 of 79. The power for the Supreme Court to grant bail is set out in section 66 of the Bail Act 2013. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 9 December 2024 at 1:34) Page 2 of 80. A. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released A GUIDE TO PREPARING FOR BAIL (NSW) If you or your loved one are to be charged with an offence, you (or they) may be held in custody until such time as a bail decision is made by police, or a release application is made to the 2 L Snowball, L Roth and D Weatherburn, Bail Presumptions and the Risk of Bail Refusal: an Analysis of the NSW Bail Act, Issues Paper No. This initial decision is usually made at the police station after you have been charged. Subscribe now for unlimited access. 3 Bail Act 2013 No 26 [NSW] Historical version for 1 July 2024 to 10 October 2024 (accessed 31 December 2024 at 2:20) Page 2 of 79. If your bail application is refused in the Local Court, you generally have one opportunity to appeal the decision in the Supreme Court of NSW. They cannot seek a review of a decision to refuse bail. au; • post: Supreme Court of NSW, GPO Box 3, Sydney NSW 2001, Australia; or If a family member or friend has been bail refused in the NSW Supreme Court, they will remain in custody. In relative terms this represents an increase of 8. The steps involved are: identify young people who require remand intervention ; gather and share information Bail is defined as a person being granted conditional liberty before their criminal charges have been finalised. This represents an additional 1,500 bail refusals by NSW courts in the 2-year post refusal than the presumptions surrounding bail. However, they appear to have had little to no effect on the proportion of all defendants refused bail. If the appellant is in custody, sentence is stayed when the appellant is entitled to be released on bail under s 14 Bail Act 2013 or bail is dispensed with: s 63(2)(c). Trends in bail refusal Number of defendants refused bail in all NSW courts Figure 1 shows the number of defendants refused bail each month in NSW courts between February 2011 and May 2016. refusal and remand rates, with the bail refusal rate for defendants in NSW courts having increased by 7% after the Act had been implemented. Based on observations of 252 first court bail hearings and 40 interviews, this new study identified three main reasons for the disparity in court and police bail decisions: then bail refused pending appeal. That is, unless your bail application is reheard in the same Court or the refusal to give you bail is Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 30 December 2024 at 3:03) Page 2 of 80. Appeals to the District Court against conviction or sentence may be made within 28 days or within three months from conviction or sentence by leave of the District Court: ss 11 and 12. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 30 December 2024 at 19:34) Page 2 of 80. 5 Short term remand 10 8. Suspected offenders refused bail under the old Bail Act cannot make a further application on the basis that there is a new Bail Act. An offence ceases to be an offence for which there is a right to release if bail is revoked or refused under this section. REQUEST FOR BAIL REFUND. How to Appeal Bail Denial in NSW How to Appeal a Bail Denial in NSW. Duties if bail refused or accused person not released 47. During this time you can contact LawAccess NSW via web chat or by calling 1300 888 529 . 4 KB) (updated 11 October 2024) Application for Bail Refund (DOC, 161. It can be granted at any stage of criminal proceedings. 7 The LRC concluded that the policy shifts in favour of a more restrictive bail regime contributed significantly to the increase in the remand population. Learn how bail laws in NSW work and what factors affect your bail, including unacceptable risk, bail conditions and options if bail is refused. 17 If the applicant is refused admission, leaves , or is expelled from the rehabilitation centre at which the applicant is to reside, (NSW), and the Bail Regulations 2014 (NSW). 3). Types of bail conditions in NSW. On 1/12/17 Mr Goutounas made an application for a bail review in the Local Court. 6 Bail & Accommodation Support Service (BASS) 11 9 Supreme court bail 12 10 Bail on appeal 12 11 Youth Justice NSW and bail YJNSW is responsible for: 1) holding young people in custody when they are denied bail. (2) If the accused person does show cause why his or her detention During this time you can contact LawAccess NSW via web chat or by calling 1300 888 529. In NSW,1 the Bail Act 2013 (NSW)2 provides legislative guidance for structured decision-making by bail authorities (a police officer, an authorised justice, or a court), to decide whether (4) However, a bail authority may revoke or refuse bail under this section even if the offence is an offence for which there is a right of release under Part 3. or about applying for bail at the Supreme Court if you are going to be refused for a long time. This is not being bail refused, it means you won’t get a bail hearing date. LawAccess NSW LawAccess NSW is a free information service run by Legal Aid NSW that provides legal information and referrals for people with a legal problem in Despite the NSW Bail Act’s structured framework, prior research suggests there is substantial variation in bail decisions made by police and courts in NSW, with magistrates granting bail to more than half of the defendants initially refused bail by police. The solicitor made the request on the basis The Hon Attorney Level 31 1 Farrer SYDNEY Dear Atto Bail We mak 2011. Part 5 Powers to make and vary bail decisions . A Magistrate or Authorised Justice will then decide if you should be given bail Bail refusal within the criminal justice system is NSW, often leaves you and your family unsure about what to do next. (3) A court or authorised justice is taken to have dispensed with The Bail Act 2013 (NSW) and subsequent amendments appeared to have an effect on the number and proportion of bail eligible defendants refused bail. If bail is refused, typically, you will be held in custody until a judgment is reached in the substantive matter. 8 Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 26 December 2024 at 18:19) Page 2 of 80. Bail Refusal and Homelessness Affecting Remandees in New South Wales Susan Ayres Kyleigh Heggie A/Research Officer A/Research & Evaluation Manager Research Publication No. Your entitlement to release on bailBail is simply an agreement to appear in court to face a charge. The Act replaced a complex set of presumptions concerning bail with a single ‘unacceptable risk’ test. See more about bail being refused here. The criteria for granting bail in NSW is set out in the Bail Act 2013. Note: see s 27(4) - not to be imposed unless of the opinion that the purpose for which the will get a ‘bail hearing’ date. 42 Notice required if accused person granted bail remains in custody . 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Local Courts, and the reasons why courts release adult defendants who have already been refused bail by police. Specific objectives of the study were to: • Identify the number and proportion of defendants refused bail where homelessness was a factor • Identify factors related to bail refusal decision • Compare the characteristics of homeless and non-homeless defendants who were refused bail, and The level of agreement between police and courts in relation to bail refusal has increased. It follows that if police have refused bail, they will usually be opposed to any release application made by the accused in court. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released In terms of the Bail Act 2013 (NSW) and the Bail Regulations 2014 (NSW), they require a sergeant or a more senior police officer to make a decision on bail, and if it is refused, then the reasons for this must be recorded on an approved form and that must be If the accused is refused police bail, they must be taken before the Court as soon as reasonably practicable. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Historical version for 1 July 2024 to 10 October 2024 (accessed 17 October 2024 at 19:24) Page 2 of 79. Specific objectives of the study were to: • Identify the number and proportion of defendants refused bail where homelessness was a factor • Identify factors related to bail refusal decision • Compare the characteristics of homeless and non-homeless defendants who were refused bail, and Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 31 October 2024 at 17:23) Page 2 of 80. If application is to be submitted via email, please attach your photo identification for verification . There are two primary ways to appeal a bail denial in NSW: Appealing to the Supreme Court This page has a guide on how to apply for bail and what happens when you get bail. The proportion of persons on bail in cases finalised in both the SUMMARY Bail in one form or another has been a part of the common law since Anglo-Saxon times. Specific objectives of the study were to: • Identify the number and proportion of defendants refused bail where homelessness was a factor • Identify factors related to bail refusal decision • Compare the characteristics of homeless and non-homeless defendants who were refused bail, and The number of people refused bail and then later found innocent has risen by 30 per cent since 2014, with more than 200 people, including 21 children, forced to wait in prison for sometimes more The NSW Government’s tough new bail reforms have passed NSW Parliament today. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released on remand; and a possible increase in bail refusal. These proceedings will take place usually The law in NSW allows certain police officers to be able to make a decision to grant or refuse bail (with or without bail conditions) at the police station, immediately after the accused person is arrested and charged – this is If you fail to attend court or disobey your bail conditions then you may be arrested by the Police and brought back to the court. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released among NSW defendants who were refused bail. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released 8. Lees was refused bail in a Sydney court on Friday and will remain in custody to face court again on Thursday. National Mortgage Form Bail Act 2013 No 26 [NSW] Current version for 1 July 2024 to date (accessed 20 September 2024 at 6:32) Page 2 of 79. Bail application forms. The modern system of bail developed as a result of provisions in the Statute of Westminster I, in 1275, which prescribed for the first time a number of catagories of persons who were not to be bailed, and another list of persons who were not to be refused bail. (2) A senior police officer must carry out a review, at the request of the accused person, if— (a) bail was refused, or. Reapplying for Bail in the Supreme Court NSW. Bail Eligibility NSW: Risk Test, Conditions & Refusals PAYMENTS 1800 659 114 general@hallpayne. Queensland Police have applied for Lees' extradition. NSW Police alleged. This agreement means that you won’t be held in custody while the matter is in court. 4 Bail refused 10 8. . Conclusion: The NSW Bail Act may need some simplification and clarification. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Despite the NSW Bail Act’s structured framework, Of the 252 defendants whose bail hearings we observed after they were refused bail by police, 44% were released on bail by the court (n=110), and 12% had their matter finalised at first appearance or in bail refusal. You can talk to your lawyer about making another bail application, or about applying for bail at the Supreme Court if you are going to be refused for a long time. is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that Bail Act 2013 No 26 [NSW] Current version for 30 October 2023 to date (accessed 2 March 2024 at 11:36) Page 2 of Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 31 December 2024 at 11:32) Page 2 of 80. This is called ‘breach of bail’. 5 KB) Property as security. The appeal process involves a review of the initial decision, and in some cases, it may lead to bail being granted. Bail can be granted by either police or by a court. In NSW, police officers have the authority to grant or refuse bail if you have been arrested. family vulnerability if the applicant is denied bail: eg DPP (NSW) v Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 30 December 2024 at 14:10) Page 2 of 80. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 31 December 2024 at 6:09) Page 2 of 80. During this time you can contact LawAccess NSW via web chat or by calling 1300 888 529. However, the effect of these legislative changes together on bail refusal is currently unknown, and hence is the focus of this Bureau Brief. Youth Justice NSW provides remand intervention services and support for young people to comply with their bail conditions, as well as supervision of young people on bail. Note . If police refuse to grant bail, they must bring the accused before a court as soon as possible so that the court can decide whether to grant bail. Bail Application (PDF, 198. i ACKNOWLEDGEMENTS The authors would like to thank Simon Corben and Gerard van Doorn for extracting the The NSW Supreme Court has the power to grant bail after a person has been bail refused by the Parramatta bail court, central bail court or any other Local Court. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that Bail Act 2013 No 26 [NSW] Current version for 3 April 2024 to date (accessed 30 June 2024 at 5:06) Page 2 of 78. The Judge will decide if you get bail or not. Section s. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Bail Act 2013 No 26 [NSW] Historical version for 3 April 2024 to 30 June 2024 (accessed 27 December 2024 at 12:12) Page 2 of 78. We did not act for the client on that bail application. Conclusions: The NSW Bail Act (2013 (as amended)) increased the probability that the average defendant is refused bail by the courts by about 11 per cent. 16Flow charts—key features of bail decisions . The man was charged with one count of domestic violence-related murder and was denied bail by police at Newcastle Bail Bail Act 2013 No 26 [NSW] Current version for 30 October 2023 to date (accessed 31 March 2024 at 15:21) Page 2 of 76. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released The court may consider the persons bail if the person breaches a bail condition, if the prosecution makes a detention application, or if there is a request to vary the bail order. Bail decision to be made after person is charged 45. If bail is denied, the accused has the right to appeal the decision. These can include surrendering a passport or agreeing to report to police on a However, of the people who are bail refused by police about half are granted bail at the first court bail hearing. Bail Act 2013 No 26 [NSW] Current version for 11 October 2024 to date (accessed 29 December 2024 at 20:05) Page 2 of 80. 16Flow charts—key features of bail decisions 46Duties if bail refused or accused person not released Our lawyers regularly appear in bail applications throughout NSW – from the Local Courts including Parramatta Bails Court on the weekend, through to the Supreme Court of NSW and – where Supreme Court bail is refused – the three B Bail. Bail Act 2013 No 26 [NSW] Historical version for 3 April 2024 to 30 June 2024 (accessed 29 December 2024 at 0:26) Page 2 of 78. The grant of bail takes into consideration the alleged offence and offender. Often, when bail is granted, a number of conditions are applied to the bail undertaking. wtkhhlo ffr gibtswm nrcme vwfaff zuypd zufern ldeyqy vfl vhs