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- Title
Two Steps Back: The Presumption of Innocence and Changes to the Bail Act 2013 (NSW).
- Authors
Shrestha, Prajesh
- Abstract
The presumption of innocence is a fundamental right of the common law described as 'undoubted, axiomatic' and a 'golden thread running through English criminal law'. In 2013, New South Wales enacted the Bail Act 2013 (NSW), which was praised from all sides of politics for revitalising the presumption of innocence. However, subsequent to the enactment of the Act there were some concerns raised that it was 'soft on crime'. Thus, the NSW Government announced a review of the Act. The Government has since enacted the Bail Amendment Act 2014 (NSW), which adopts all 12 recommendations of the Review. The changes have been strongly criticised by legal academics and practitioners for allegedly violating the presumption of innocence. This comment analyses the changes to the Bail Act 2013 (NSW) to determine whether they do indeed violate this fundamental right. It concludes that changes to the Act are misguided, as they are inconsistent with the presumption of innocence. Thus, the changes constitute a 'retrograde step' in the direction of the law.
- Subjects
AUSTRALIA; PRESUMPTION of innocence; CRIMINAL evidence; CRIMINAL procedure; BAIL; CIVIL rights; COMMON law; GOVERNMENT policy
- Publication
Sydney Law Review, 2015, Vol 37, Issue 1, p147
- ISSN
0082-0512
- Publication type
Opinion