Is Being of ‘Good Behaviour’ an Implied Condition of Bail in NSW?
Good behaviour bonds ordered by courts for those who plead guilty to, or are found guilty of, criminal offences in New South Wales will always require that the defendant be of “good behaviour”; in other words, not commit further crimes...
What Will a Court Consider When Determining Bail in NSW?
The man accused of causing the deaths of several passengers after the bus he was driving overturned in the Hunter Valley last Sunday night has been granted strict conditional bail. 58-year old Brett Button from Maitland in the Hunter Region...
Should Jarryd Hayne Be Behind Bars?
Jarryd Hayne is back in custody following the unsuccessful challenge to the prosecution’s application to have him held in custody until his sentencing hearing next month. The New South Wales Supreme Court yesteeday found no grounds for the former NRL...
Jarryd Hayne Refused Bail Under Section 22B of the Bail Act 2013
Former NRL star Jarryd Hayne has been remanded in custody after the prosecution made a successful detention application in the Supreme Court of New South Wales. Yesterday, Supreme Court Justice Richard Button agreed with the prosecution that Mr Hayne, who...
Under the NSW Antiprotest Regime, Oppressive Bail Conditions Are the True Punishment
After having been charged under the then recently enacted NSW antiprotest regime last June, ten Blockade Australia activists appeared before NSW Magistrate Christine Haskett at Sydney’s Downing Centre Local Court on 5 April. The extreme antiprotest regime was a Perrottet government response to...
I’ve Been Accused of a Criminal Offence: Will I Get Bail?
If you’ve been arrested and charged with a criminal offence at a police station, one of your immediate concerns may be whether you’ll be released from custody until your scheduled court date. Those who are charged by way of a...
How Do I Check if a Warrant is Out for My Arrest?
There are many myths about arrest warrants, including when they can be issued and what you should do if you have been issued with one. So here’s some information that may assist if you suspect police could be knocking on...
Towards Rights-Based Bail, and the Chilling Effect of Extreme Conditions on Climate Action
The last 12 months have been marked by a new tactic taken towards nonviolent direct actions carried out in the defence of climate and the environment, which has seen jurisdictions, such as NSW, Victoria and Tasmania, dramatically escalate the punishments...
No Crime, No Time: ISJA’s Dave Pollock on Reforming Victoria’s Harsh Bail Regime
The impacts of harsh bail laws have been increasingly raised over recent years, as state governments have tightened them. Indeed, last year saw NSW impose an unworkable prohibition on granting bail to those convicted, prior to their “likely” sentencing, unless exceptional circumstances...
NSW Bail Applications: Supreme Court Decisions on Section 22B of the Bail Act 2013
On Tuesday, 21 June 2022, the Bail Amendment Act No 27 was introduced into the New South Wales Parliament and passed by both Houses just two days later - with virtually no community consultation. The Act introduced a new section...
