When it comes to arguing for a bail application in your criminal law case, NSW’s prison overcrowding might hold the ticket for your lawyer.
The New South Wales Auditor General Margaret Crawford has just released a report indicating NSW jails are dramatically overcrowded. This overcrowding and the associated backlog in the justice system costs the state $200,000 each day.
One consequence of this is recidivism. A further consequence of the overcrowding is that more inmates are now being released on bail than they otherwise would have been. This is because “delay” can be a way to get around the restrictive show cause provisions. The show cause provisions are 16A and 16B of the Bail Act NSW 2013. An example of a case where delay leads to the granting of bail is R v Toksoz [2015] NSWSC 1234.
The public outcry following offences such as the Lindt Cafe siege have made the task more difficult and made it all the more important for those in custody to find a good lawyer.
BAIL ACT NSW
The show cause provisions have made bail applications more difficult for certain offences and certain offenders. A summary of show-cause offences are:
(a) an offence that is punishable by imprisonment for life,
(b) a serious indictable offence that involves sexual abuse of minors,
(c) a second offence of serious personal violence offence,
(d) some serious offences involving the possession or use of some guns
(e) some serious offences involving the possession or use of some military weapons
(f) drug offences involving commercial quantities of drugs,
(h) a serious indictable offence that is committed by an accused person on bail or parole,
(i) an indictable offence during a period relevant to a supervision order,
There are other ways to “show cause”. But the significant delays in the system now make this task more attainable.
The public outcry following offences such as the Lindt Cafe siege have made the task more difficult and made it all the more important for those in custody to find a good lawyer.
For more information, do not hesitate to contact Nicholas Digges of Hunter and Braddon Lawyers on (02) 9099 1890 who will discuss this further with you.