On 8 June 2011, the recently elected Liberal government, via the Attorney-General, asked the NSW Law Reform Commission (‘LRC’) to undertake a review of bail law with eight terms of reference. The LRC received 13 submissions, the majority recognised the need for reform in relation to the complexities of bail law.
In relation to whether the Bail Act should include a statement of factors to be taken into account in determining a bail application, such as s 32, ten of the submissions advocated for the inclusion of such a statement. The other three did not address this aspect. In relation to whether the Bail Act should include a statement of objects, the majority of submissions supported an objects clause in order to clarify the purpose of the Act and importantly to include a statement about the interests of an accused.
To view the terms of reference and the submissions go to: http://lawlink.nsw.gov.au/lawlink/lrc/ll_lrc.nsf/pages/LRC_cref129
LESLEY TOWNSLEY teaches law at the University of Technology, Sydney.