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ARTICLE · 24 MARCH 2016

What is unacceptable risk in deciding bail?

People charged with serious offences now have to meet more onerous requirements before the NSW Courts will consider bail.

AustraliaCriminal Law

Recent changes to the Bail Act mean that people charged with serious offences have to meet more onerous requirements before the Court will consider bail.

The changes are in response to a public outcry over crimes committed by people who were allowed back into the community on bail after they had been arrested and charged with serious crimes such as sexual assault or robbery.

Stacks Law Firm criminal lawyer Jessica Mackay said public anger about people who commit crimes whilst on bail is understandable.

"But at the same time it is important to remember that bail is a fundamental component of a person's right to be presumed innocent until proven guilty," Ms Mackay said.

"Typically, a person applying for bail in the Local Court was arrested the day before, so the Court will know nothing about the case and allegations made by police may not yet be supported by hard evidence.

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