Bail or Remand

Question 1

What is bail

Answer 1

the conditional, temporary release of an accused person awaiting trial until their case is determined by the courts. The main basis of bail is the type of crime

Question 2

What are bail conditions

Answer 2

limits or restrictions to activities that may apply to the accused that are closely monitored. They might include:
- reporting to the police on a regular basis
- forfeiture of passport
- restrictions on where the accused can go
- who they can associate with

Question 3

LCMID legislation for bail conditions

Answer 3

Bail Act 1978 (NSW)

Question 4

What are the impacts of presumptions in favour of bail

Answer 4

offenders will receive bail unless exceptional circumstances showing that they should be held in remand

Offences include:
- summary offences
- offences that do not carry a prison sentence
- any crime that is categorised under the summary offences act 1988 (NSW)

Question 5

what are the impacts of presumptions against bail

Answer 5

Offender is unlikely to receive bail without special circumstances

offences include:
- serious drug offences
- homicide
- domestic violence
- any offences contained in the drug misuse and trafficking act 1985 (NSW) or the customs act 1981 (Cwlth)

Question 6

What are certain factors that determine the viability of bail

Answer 6

• seriousness of the offence
• likelihood of recidivism
• protection of community
• background
• prior criminal record

Question 7

What is remand

Question 8

Why is remand possibly controversial

Answer 8

It undermines individual right to assumptions of innocence