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ARTICLE · 20 JULY 2022

Harsh new bail laws

Discussion about the new laws that introduced an incentive to strengthen the Bail Act.

AustraliaCriminal Law

On 27 June 2022, the NSW Parliament assented (passed 23 June 2022, Act 27/2022) to the Bail Amendment Bill 2022 which introduced a new incentive said to "strengthen" the Bail Act 2013.

This new Section, 22B,  provides that:-

A court is not to grant bail or dispense with bail, including in the course of considering a detention application, during the period following conviction and before sentencing for an offence for which an offender will be sentenced to a full-time detention, unless it is established that special or exceptional circumstances exist that justify that bail decision.

For the purposes of the provision 'conviction' is to be defined in Subsection (5) to include a plea of guilty.

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