[Greens-Media] Attorney General stumbles on bail

[David Shoebridge]

*Attorney General stumbles on bail*
Media Release - 29 November 2012

The Attorney General's long awaiting reform of the bail laws has failed to
deliver, with no commitment to reduce the number of people held on remand
and a failure to accept key recommendations of the Law Reform Commission to
have a universal presumption in favour of bail and fewer restrictions on
bail applications.

See the SMH reporting here:
http://www.smh.com.au/nsw/bail-overhaul-revealed-20121128-2aelt.html

Greens NSW Justice spokesperson David Shoebridge said:

"In a lengthy response to the Law Reform Commission's report the O'Farrell
government fails to even address the key issue of reducing the swelling
population of prisoners held on remand.

"Just today the Auditor General has released a report condemning this and
previous governments for overseeing a tripling of the people held on remand.

"The failure to remove s22A, which limits most adults to only one bail
application, will continue to see unacceptably large numbers of people
continuing to be held on remand awaiting trial.

"The proposal to remove any presumption in favour of bail and to instead
rely on a general "risk management approach" creates significant legal
uncertainty.

"The key question any judge will be asking when a bail application comes
before them under these new laws is "who bears the onus and who has to
prove their case?"

"The government's response does not answer the question on onus.

"If the defence has to prove that the accused is not an "unacceptable risk"
to the community then this legislation is a major step backwards and will
see more, not less, people held in gaol.

"If the prosecution has to prove the case then this is a more balanced
package and respects the presumption of innocence and the right to liberty.

"It looks like the arm wrestling between the Attorney General and the
Police Minister over the drafting of the new laws will continue in the new
year," Mr Shoebridge said.

Background:

   - The failure of this State's bail laws has a direct financial cost to
   the community of $209 per adult per day and $765 per juvenile per day.
   - Many of those held on bail are subsequently not found guilty, in 2010
   around 500 adults and 100 young people were held in costly remand and
   subsequently found not guilty of any offence.
   - Alternative community based services for young people cost only $19
   per day in 2012, representing a far more affordable option, and one that
   could allow young people to get their lives on track while awaiting trial.

*Media contact: 0408 113 952
*

--

David Shoebridge

Greens MP in the NSW Legislative Council

P: (02) 0408 113 952|Media: 0433 753 376|T: @ShoebridgeMLC

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