New Additional Test for Bail – S 22C Bail Act 2013
The Bail and Crimes Amendment Bill 2024 (NSW) was passed on the 24th of March 2024, making it more difficult for young people older than 14 but younger than 18 to obtain bail. This introduces harsher bail standards for young people re-offend whilst already being on bail.
The insertion of section 22C to the Bail Act 2013 (NSW) introduces an additional test that must be satisfied, stating that the bail authority must hold a “high degree of confidence” that the young person will not commit a serious indictable offence while on bail. A ‘serious indictable offence’ refers to any offence carrying a maximum term of imprisonment of five years or more.
Introduced in tandem with Section 22C was the NSW ‘Post and Boast’ laws. The insertion of Section 154K into the Crimes Act 1900 (NSW) stipulates that if a young person commits a motor theft or break and enter offence, and subsequently posts this material online, they will be liable for the maximum term of imprisonment for the initial relevant offence as well as an additional two years imprisonment on top of this for disseminating this material online.
These amendments come in light of a purported increase in youth crime, particularly in regional areas and interstate, this being exacerbated by media portrayals of such interstate and territory youth crime as becoming out of control.
Much concern has been raised around the possibility of higher incarceration rates of young people resulting from this elevated standard that will exacerbate trauma and behavioural issues that are at the heart of such poor behaviour. Evidence suggests that where bail is denied, the rates of recidivism in young people dramatically increase, and may then be counterproductive to addressing the core of Australia’s youth crime problem.
Brady and Associates Lawyers have many years of experience in defending young people against criminal offences. We can readily assist where a young person is facing such a predicament described above, or with any related criminal charges of which they may be facing. Our advice is practical and delivered in plain English at a developmentally appropriate level. Most significantly, we understand how important it is for children, young people, guardians and parents to feel as though they understand what is required of them as well as what is likely to occur at Court.
We will ensure the necessary therapeutic answers are put in place to assist the young person. We will also re-assure the Court that out client can be kept on track and that the community is better protected because of this. We have the experience and determination to liaise with police to obtain the best outcome possible.
Our office is conveniently located close to Sutherland Children’s Court, however our years of experience means that we are also familiar with practice and procedures at many other Children’s Courts state-wide.
Contact us and arrange to speak with our Principal Lawyer, Amanda Brady. Additionally, learn more about our firm and our Principal Lawyer Amanda Brady by getting to know our people.
