What is the current bail Act NSW?

In NSW, the current bail laws dictate that individuals must ‘show cause’ and the court must consider ‘bail concerns’ to ultimately make a decision regarding bail. This step applies if the person arrested has been charged with a ‘show cause’ offence listed in the Bail Act 2013 s16B.

How is bail determined NSW?

If the charge is a ‘show cause offence’, then the court will only consider the unacceptable risk test if the first test (‘show cause’ test) is satisfied first. If the charge is not a ‘show cause offence’ then the court will skip straight to considering the unacceptable risk test, to determine bail.

What is the Bail Act 2013 NSW?

The Bail Act 2013 adds an “unacceptable risk” test in regard to whether “the accused will fail to appear in any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence”.

Who is a bail Authority NSW?

In s 78(6), relevant bail authority is defined to include the Local Court, which has jurisdiction to determine bail under s 78 for persons on bail to appear before the District and Supreme Courts when the person had failed, or was about to fail, to comply with a bail acknowledgment or bail conditions; see also s 69(3).

What happens if someone breaches their bail conditions NSW?

Failing to appear in accordance with a bail acknowledgment is a criminal offence. The maximum penalty for failing to appear is either the maximum penalty for the offence that you are on bail for, or 3 years imprisonment or a maximum fine of $3,300.00, whichever is the lesser penalty.

What are bail conditions Australia?

Security requirements A ‘security requirement’ is a bail condition requiring you or another person to give ‘security’. Giving security normally means agreeing to pay money if you don’t attend court when you are told. Sometimes the money must be deposited with the court before you will be released from custody.

What is bail NSW?

If a person applies for bail in the NSW Local Court and their application is refused, they then have an automatic right to apply to the Supreme Court of New South Wales for bail. This is a completely new bail application and it is heard by a single judge of the Supreme Court as opposed to a Local Court Magistrate.

How much is bail in Australia?

There is no set amount for bail charges, the amount or value of the property is generally based on a few considerations, including: The severity of the offence. The more serious the nature of the offence the. higher the amount of bail will probably be.

How does bail work in Australia?

If police decide to let you go, they can either just release you and tell you when you must attend court, or they can release you on ‘bail’. Bail means being allowed to go free in relation to the offence you are charged with. It is always a requirement of bail that you attend court on your next court date.

How long can police keep you on bail for?

Understanding Police Bail The initial bail period is 28 days but can be extended up to 3 months by a Superintendent.

How do you challenge bail conditions?

Where you do not agree with the conditions that have been set by the Magistrates’ Court, it is possible to ask them to reconsider. If the Magistrates’ Court has reconsidered and you are still not happy with your bail conditions, you can apply to the Crown Court to request that certain conditions are changed.