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
offence.
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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