Category: Bail Applications

Bail Laws to be Toughened in Wake of Bourke Street Tragedy


As Australia mourns the victims of a senseless tragedy, the Victorian government has vowed to make the state ‘safer’. In the wake of last Friday’s Bourke Street tragedy which killed five people including a three-month-old baby boy and a 10-year-old girl, and left 30 people seriously injured, details are emerging about the life of alleged ...

Refused Supreme Court Bail? You May Have Another Chance.


Being refused bail and remanded into custody can be a traumatic and difficult experience, especially over the holiday season. For those who are facing serious criminal charges, delays in the court system can mean they spend over a year in custody awaiting the finalisation of their cases. In many instances, charges will ultimately be withdrawn ...

‘Showing Cause’ under the New Bail Act


The Bail Amendment Bill 2014 introduced important changes to the existing bail regime in New South Wales. Most significantly, the amendments brought-in what are referred to as the ‘show cause’ provisions. The amended bail legislation, through the insertion of Section 16A, requires an applicant charged with certain offences to ‘show cause’ as to why their ...

RIP Presumption of Innocence: Bail Laws Getting Tougher Nationwide


We have written extensively about our state’s tough new bail laws, which have seen the NSW prison population skyrocket, causing overcrowding and associated problems. NSW is not the only state to get tough on bail – similar trends are being experienced by other Australian states and territories, with government’s intent on making it increasingly difficult ...

Accused ‘Home Invasion Killer’ Released on Bail


Accused ‘burglar killer’ Ben Batterham says he is ‘very relieved’ to be out of custody, after being granted bail by Magistrate Robert Stone in Newcastle Local Court yesterday. Battherham was granted bail on a $200,000 security. He will need to abstain from alcohol and drugs, report daily to police and live in an undisclosed location ...

Tough Bail Laws Cause Rise in Imprisonment Rates


New statistics reveal that the adult prison population in NSW grew by a staggering 9% between April 2015 and March 2016, and is now sitting at a record high of 12,390 inmates. While overall crime rates in NSW have fallen, tough new bail laws have led to a rise in people being held behind bars ...

Accused Murderer Visits Dreamworld on Bail


Despite breaching her bail, a mentally impaired Melbourne woman accused of murder has had her bail continued, albeit on tougher conditions. Georgia Fields and two men, Jake Fairest and Warwick Toohey, are accused of murdering Robert Wright, who fell to his death from a balcony in Ringwood last year. Mr Wright suffered from cerebral palsy ...

Pair Refused Bail on Charges of Financing Terrorism


A 20-year-old man and a 16-year-old girl were recently arrested in Guildford on charges of financing terrorism. Counter-terrorism police allege that the pair were involved in obtaining money to send overseas to assist ISIS. Police claim the 16-year-old schoolgirl has admitted to following the instructions of notorious ISIS fighter Ahmed Merhli to send money overseas, ...

NSW Government’s Attack on Civil Liberties


The New South Wales Government has attracted widespread criticism from civil liberties groups, after passing new ‘anti-protest’ legislation in parliament this week. The new laws, passed on Tuesday, will see increased penalties for protesters at mining and coal-seam gas sites, and further discretion for police to issue ‘move on’ orders to protest groups. Since taking ...

New Rules for Supreme Court Bail Applications


The rules applying to bail have been in a constant state of flux since 2013, when new bail laws were introduced to replace the old Bail Act of 1978. While the old Act was complex, confusing and in some respects unfair as a result of the large number of amendments since its inception, many have ...