The evolution of bail laws in New South Wales (NSW) is critiqued in the context of public debate, political comments and competing interest groups. It is argued that over the last 34 years an individual’s right to bail has been steadily eroded. The author highlights the increasing incarceration, particularly remand, of Aboriginal juveniles and calls for reforms to the bail criteria set for them. Comparisons with other jurisdictions are made, pointing to Victoria’s ‘unacceptable risk’ provisions as having merit.
This document has been sourced from the Indigenous Law Bulletin, previously known as the Aboriginal Law Bulletin, database published on Austlii (http://www.austlii.edu.au/au/journals/IndigLawB/). AustLII advises that it is not the copyright owner of the source documents published on AustLII and is not able to give permission for reproduction of those source documents (refer copyright policy disclaimer dated October 2010). Queries about copyright should be referred to the publisher - the Indigenous Law Centre and the University of New South Wales.