The role of bail laws Assessment Task 1
In the criminal investigation process laws regarding the role of bail must balance the rights of offenders, victims and society. However, in the past the protection of society and the individual have often come into conflict with each other producing the need for these laws to be reviewed and reformed (R v Wilson (1994) 34 NSW LR1, R v Velevski (2000) NSW CCA445; 117A Crim R34). The bail laws have been reformed and the new 2013 NSW Bail laws, it is argued, have amended areas of concern to protect the needs and rights of all parties.
When an individual is accused of an offence awaiting trial they can either be held in remand; a period spent in custody awaiting trial at a later date, or the offender may be let out on bail; the temporary release of an accused person awaiting trial, sometimes on particular conditions such as lodgement of a sum of money as a guarantee. The decision to grant bail is made by police or courts and certain conditions may apply, the purpose of this is to ensure the presence of the defendant at trial.
However, there are certain restrictions which are applicable when granting bail as specified in the 1978 Bail Act (NSW). For certain offences such as domestic violence or drug trafficking the accused must prove to the court why bail should be granted, this is known as the 'presumption against' bail. Where the presumptions against bail applies the Act states that bail is not to be granted unless the defendant satisfies the court that bail should not...