News Category - Criminal Law and Traffic Offences By Shanaya Stapleton 18 July 2022

The new section 22B of the Bail Act NSW provides that where an accused has either been found guilty or pleaded guilty and will be sentenced to full time imprisonment, the Court must refuse Bail unless there are special or exceptional circumstances.

The changes could affect you if you enter a plea of guilty to a charge, or where you are found guilty after a trial or hearing, and the Prosecution then makes a detention application. However, this section can only apply if you will be sentenced to a term of full-time imprisonment. If the Court were satisfied of this, you would be refused bail under the new legislation.

The Court needs to be positively satisfied that a person will be sentenced to imprisonment, making it a high threshold test. The Second Reading Speech confirms that the aim of the amendment is ensure public safety while also maintaining presumption of innocence and a person's right to be at liberty until their guilt is determined by the Court. This section is therefore not meant to apply to offenders who could be considered for an alternate sentence such as an intensive corrections order.

The new legislation came into force on 27 June 2022, and can now apply to criminal cases where the above criteria is satisfied.

If you are facing criminal charges and are concerned these changes may affect you, contact Kenny Spring Solicitors on (02) 6331 2911 for advice. We're here to help!

Shanaya Stapleton | Solicitor