'Re-examining Bail and Remand for Young People in NSW'

Overview

• Considers constant changes and amendments of the Bails Act of NSW
• Restriction of bail in ways that affect young persons
• Available data demonstrating increased admissions to Juvenile Justice Centres since amendments
• Obstacles to grant of bail
• Consequences of amendment on bail admin

Particular amendment

Irreconcilable

• Domestic findings of the New South Wales Law Reform Commission
• International Conventions

'An alleged criminals age does not justify him or her manipulating the administration of justice'

(Attorney General NSW, Oct 2009)

Percentage Increase in Admission to Juvenile Justice Centres (2003-04 to 2007-08)

Average Number of Young People in Custody (2008-09)

Average Number of Young People in Custody (2007-08)

Obstacle to grant of bail to young persons

• Absence of suitable accomodation
• Absence of responsible adult or guardian
• Lack of access to after-hours services

Consequences of amendments on Bail Administration

• Blurs the purpose of bail as these conditions and remand-in-custody are used for punitive purposes
• Onerous or inappropriate bail conditions like 'appropriate accommodation' keep young persons in custody even after being granted bail and allows police surveillance of non criminal behaviour

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• Allows for tighter enforcement of bail conditions and breaches which are used as performance measures

Conclusion

• Need for detailed research into bail decision-making for young people
• Need to understand whether recent trends reflect departure from principles of YOUNG OFFENDERS ACT (YOA)
• Suggests legislation to make Children (Criminal Proceedings Act) 1987 prevail over the Bail Act
• Ensure future reforms give specific attention to likely consequences for young people

cONCLUSION ...ctd

• Ensure future reforms give specific attention to likely consequences for young people
• Adopt new performance outcomes that encourage positive outcomes such as measuring number of young people successfully supported to comply with bail conditions within community

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