The law in relation to bail in New South Wales was overhauled on 20 May this year, with the introduction of a new Bail Act.

The changes to the law resulted in a risk-assessment approach to bail similar to the system in Victoria.

However, the new Bail Act sparked media outcry with claims that more accused persons would be released on bail posing further risk and danger to the community.

In response to those concerns, and only a month after the introduction of the new Bail Act, the Government commissioned a review. As a result of the review, a number of changes to the new Bail Act have been recommended.

 

Most notably, it is proposed that persons charged with specified serious offences must show cause as to why they should be released on bail. The effect of this proposed change is a shift in the onus of proof from the prosecution to the accused person, undermining the presumption of innocence until proven guilty.

In the writer’s experience as a solicitor in Albury, the new Bail Act is a step closer to a balance between community protection and the rights of the individual. However, the proposed changes to the new Bail Act will undo the progress.

For experienced advice in relation to bail, and criminal matters generally, contact Albury solicitors, lawyers and conveyancers | Burt & Hanke Legal.

On and from 1 October 2014, important changes have been made to vendor disclosure requirements in sale of land matters in Victoria. Failure to comply with the new requirements may result in penalties and the purchaser rescinding the contract.

For assistance and advice in New South Wales and Victorian conveyancing and property matters, contact Burt & Hanke Legal | Albury solicitors, lawyers and conveyancers.