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ARTICLE · 28 JANUARY 2013

Bail changes proposed by NSW government disappoint law leaders

The NSW government rejected the recommendation that there be a uniform presumption in favour of bail for all crimes.

AustraliaCriminal Law

On an average day half the young people in NSW juvenile detention haven't been sentenced to jail. They are on remand awaiting trial.

Over the last 15 years the number of remand prisoners has more than trebled to 2,500. The proportion of the prison population who are there because they were denied bail has doubled to 26 per cent. When they got to trial many weren't given a jail sentence. Average time spent in remand is six months – the second longest in Australia.

Under current laws, every charge carries an automatic presumption on bail – either in favour, against or neutral depending on the charge. NSW now has the toughest bail laws in Australia, with presumptions against bail for charges of violence and serious drug offences.

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