Implications of Bail and Remand

PART ONE

Outline the issue you have chosen.

The issue I have decided to analyse is that concerning the implications of bail and remand. Bail is an option a court must confront when temporarily releasing an accused individual until their expected appearance at an appointed time, before the determination of innocence or guilt is concluded. Several guarantees that secure the person’s appearance at an appointed time include a guarantor, bond assurance paid by a surety holder, summons or court attendance notice. Remand is the refusal of bail, when the accused is to be detained prior to there trial, remanded into custody until the hearing is resumed, or the trial commenced. Remand is given if there is an increased probability of the defendant committing another offense, failing to turn up to court, intimidating someone or obstructing the course of justice. The matter addressing bail and remand is that specific criteria for courts when determining bail is that they need to meet consistently high requirements and is extremely convoluted. The past decade has revealed that the proportion of remandees in NSW has doubled to the aggregated prisoner population, while prisoners remanded into custody has tripled.

PART TWO

Assess the need for society to respond to this issue.

Society, the community, perhaps the largest single factor regarding the decision of bail. An application for bail is essentially a theoretical evaluation between the interests of an individual and a public association. The inculpated on one side are entitled to their own liberty and presumption of innocent until proven guilty, and society on the other side expects to be protected and safe. Practically an evaluation of bail should be determined on the presumption of innocenc...

... middle of paper ...

...tive Assembly yet not yet introduced to the Legislative Council, the Bill passed both houses of Parliament. The new Bill’s intention is to allow provision for bail with connection to criminal and other proceedings and replace the Bail Act 1978. The establishment of a new recently developed, straightforward bail system that espouses a risk management approach when deciding whether the accused is granted bail. Under this new legislation authorities must bear in mind the following when considering to grant an accused bail; Does the person present a risk of endangering the communities safety, committing a serious offence, interfering with witnesses or fail to appear at an appointed time? This system will offer greater uniformity by detaching complexities predominately relating to the resumptions scheme, while taking into great consideration the safety of the community.