Section 22C of the Bail Act 2013 (NSW) has been enacted following the passage of the ‘Bail & Crimes Amendment Bill 2024 (NSW) on 21st March 2024.


The Law


‘’22C Temporary limitation on bail for certain young persons in relation to certain serious offences.


(1) A bail authority must not grant bail to a relevant young person for a relevant offence

alleged to have been committed while the young person is on bail for another relevant

offence unless the bail authority has a high degree of confidence the young person will not

commit a serious indictable offence while on bail subject to any proposed bail conditions.


(2) A decision under subsection (1) may be made only after—


(a) an assessment of bail concerns is made under Division 2, and

(b) consideration of whether any bail conditions could reasonably be imposed to

address any bail concerns or risk the relevant young person will commit a further

serious indictable offence.


(3) To avoid doubt, the requirement under this section to establish that bail should be

refused for the relevant young person remains with the prosecution.


(4) This section applies despite anything to the contrary in this Act.


(5) This section expires 12 months after this section commences.


(6) In this section—

motor theft offence means an offence under the following sections of the Crimes

Act 1900—

(a) section 154A,

(b) section 154C,

(c) section 154F.


relevant offence means—


(a) a motor theft offence, or


(b) a serious breaking and entering offence, or


(c) an offence under the Crimes Act 1900, section 154K, if the underlying

offence is a motor theft offence or serious breaking and entering



relevant young person, for a relevant offence, means an individual who is, at

the time the relevant offence is alleged to have been committed—


(a) 14 years of age or more, and

(b) less than 18 years of age.


serious breaking and entering offence means an offence under the Crimes Act

1900, Part 4, Division 4 that is punishable by imprisonment for a term of 14

years or more.


serious indictable offence has the same meaning as in the Crimes Act 1900,

section 4(1).’’



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*This article correctly reflects the Laws of NSW as at 5th June 2024.


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