Bail Laws ( Nsw ) - 2185 Words

Bail laws (NSW) Bail has always been part of the common law system. In NSW, they have based their concept from the Statue of Westminster I (1275), where there are different categories that separates who are to be bailed or refused bail, which had become part of the Bail Act 1978 (NSW) and was enforced from March 1980. Bail Act 2013 (NSW) is the only other law that replaced Bail Act 1978 (NSW), but was amended by Bail Amendment Act 2014 (NSW), which is the final replacement coming into full effect in 28th January 2015. In Section 4 of the Bail Act 1978, it states that ‘authorisation to be at liberty under this Act, instead of in custody’ . This is otherwise known as bail, the act of permitting a person to a brief period of freedom who†¦show more content†¦Ã¢â‚¬ ¢ If the prosecution can provide sufficient reasoning of why bail cannot be granted, the assumption of bail can be revoked. †¢ Serious drug related offences can also disprove the presumption for bail and (likewise towards aggressive offences) the accused must reason why bail should be permitted. Issue and effect on individuals and society Prior to 28th January 2015, bail laws posed significant loopholes in the system and are deemed to be ineffective to achieve justice. Accused offenders may get away with bail based with evidence in the case if it does not seem to pose a threat to the community. The problem persists within the conditions set for their bail, as responsibility lies upon the magistrate or police to impose appropriate conditions. However, though conditions do vary, it possesses a significant risk if the conditions enforced were not strict enough, opening vulnerabilities for the accused to commit another crime, slipping through their enforced conditions. Yet not enough has been done to alert the community of this flaw, which thus continued to believe that the criminal law system is protecting them. Effects are potentially dangerous, as individuals would face the growing rate of criminal activity and with limited policing resources, not everyone ensured to be protected in an unsafe suburban environment. If this issue continued to remain unresolved in the long term, it would slowly corrupt society values, with more individuals