What is the bail Act NSW?
What is the bail Act NSW?
(1) Bail is authority to be at liberty for an offence. An offence includes an alleged offence. (2) Bail can be granted under this Act to any person accused of an offence. (3) A person who, because of bail, is entitled to be at liberty for an offence is entitled (if in custody) to be released from custody.
What is the bail Act 1976?
THE Bail Act received the royal assent in November 1976. Its major provision is the creation of a statutory ” presumption ” in favour of bail. This compels the courts to grant bail to accused persons, unless they are satisfied that one of the excepting circumstances listed in Schedule 1 to the Act applies to the case.
Is there a right to bail in NSW?
Bail can be granted (or extended, or denied) upon arrest, at your first appearance in court, or at any appearance after that. If you are arrested, ask the police for bail. The normal right to bail is based on the legal presumption that you are entitled to be considered innocent until proven guilty.
What were the changes to the bail Act?
One significant change is in consideration of “the presumption of innocence and the general right to be at liberty.” Another important change is that “once bail is granted, it will continue to operate until it is either revoked or the substantive proceedings concluded.” Under the Bail Act 2013, bail does not have to be …
What is the purpose of the bail Act?
Concerning the purpose of the Bail Act 2013, s 3(1) provides: The purpose of this Act is to provide a legislative framework for a decision as to whether a person who is accused of an offence or is otherwise required to appear before a court should be detained or released, with or without conditions.
What happens if refused bail?
If the court refuses you bail, you can apply to the Supreme Court to give you bail. See the Legal Aid NSW brochure Supreme Court Bail for more information.
When can a person apply for bail in NSW?
Under section 44 of the Bail Act 2013 (NSW), the police officer making the decision about granting bail must be classed as a sergeant or above. This decision must be made as soon as possible following the arrest and charge of the accused person. This is known as police bail and will be further elaborated on below.
What is remand NSW?
You have been charged with a crime. The Court has ordered that you be kept in prison until you go back to court. We can help you with your legal problems while you are on remand.
What was wrong with the Bail Act 2013?
According to BOCSAR, the introduction of the NSW Bail Act (2013) was accompanied by a sharp fall in the percentage of defendants refused bail by police and courts. It also appears that those charged with offences which fall into the ‘show cause’ category of the NSW Bail Act are, as intended, very unlikely to get bail.
What is the law for bail in NSW?
The law for bail in NSW is set out in the Bail Act 2013 (the Act). Under the Act, a bail authority must decide whether the accused person should be held in gaol (called on remand) before their hearing or whether they should be released, with or without conditions, into the community.
What is Bail Act?
An Act to make provision for bail in connection with criminal and other proceedings.
Who can make a bail decision?
Judges and Magistrates in the Local, District and Supreme Courts (as well as the NSW Police and Authorised Justices) have the power to make bail decisions.
How many applications can be made under the Bail Act?
Only the following three applications may be made under the Act: a release application — which may be made by the accused under s 49 for bail to be granted or dispensed with a detention application — which may be made by the prosecutor under s 50 for the refusal or revocation of bail or for the grant of conditional bail, or
