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NCJRS Abstract

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NCJ Number: 65846 Find in a Library
Title: LAW RELATING TO BAIL IN CRIMINAL PROCEEDINGS - A REPORT OF THE LAW REFORM COMMISSION - AUSTRALIA
Corporate Author: Law Reform Cmssn of Australia
Australia
Date Published: 1978
Page Count: 53
Sponsoring Agency: Law Reform Cmssn of Australia
Sydney, NSW 2000, Australia
Format: Document
Language: English
Country: Australia
Annotation: THE LAW REFORM COMMISSION OF QUEENSLAND, AUSTRALIA, PRESENTS AN ANNOTATED DRAFT BILL FOR REFORM OF THE STATE'S SYSTEM OF GRANTING BAIL IN CRIMINAL PROCEEDINGS.
Abstract: UNDER THE EXISTING SYSTEM, THE COURTS ARE ACCORDED DISCRETIONARY AUTHORITY IN THE GRANTING OF BAIL. THE PROPOSED LEGISLATION INTRODUCES THE CONCEPT OF 'RIGHT TO BAIL.' THE COURTS MUST THEN GRANT BAIL IF THERE ARE NO SPECIFIED CIRCUMSTANCES UNDER WHICH BAIL MUST BE REFUSED. THE BILL ALSO PROVIDES GUIDELINES AS TO THE TYPE OF BAIL THAT MAY BE GRANTED AND THE CONDITIONS THAT MAY BE ATTACHED TO BAIL. THE PROPOSED LEGISLATION REPLACES THE RECOGNIZANCE SYSTEM WITH A SYSTEM OF SIGNED UNDERTAKING; I.E., PERSONS WHO FAIL TO APPEAR AS REQUIRED AFTER THE RELEASE ON BAIL WILL BE SUBJECT TO CRIMINAL CHARGES, RATHER THAN LIABLE FOR AN AMOUNT OF MONEY SPECIFIED IN THE BAIL AGREEMENT. FAILURE TO APPEAR AFTER RELEASE ON BAIL IS ESTABLISHED AS A SEPARATE OFFENSE, PUNISHABLE BY UP TO 2 YEARS OF IMPRISONMENT. THE DRAFT BILL IS ACCOMPANIED BY A DETAILED REVIEW OF THE ISSUES AND STATISTICS CONSIDERED BY THE COMMISSION IN ITS BAIL REFORM STUDIES, A SUMMARY OF THE INNOVATIONS CONTAINED IN THE BILL, COMMENTARY ON EACH OF THE BILL'S SEVEN PARTS AND 38 SECTIONS, A LIST OF EXISTING STATUTORY PROVISIONS TO BE REPEALED OR AMENDED, AND COPIES OF FORMS TO BE USED IN BAIL PROCEEDINGS.
Index Term(s): Australia; Bail reform; Laws and Statutes
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65846

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