On 21 March 2024, the NSW Government led by Chris Minns passed the Bail and Crimes Amendment Bill 2024. The new laws will come into effect in the coming weeks and will be in place for an initial period of 12 months.
The amendments, which make it harder for children aged 14 years to 17 years to get bail, have been met with criticism from the legal community in light of the serious consequences they create for young people and, in particular, indigenous children.
What’s changed?
Section 22C will be inserted into the Bail Act 2013 (NSW) and apply to children who are charged with car thefts and serious breaking and entering offences, who are already on bail. A serious breaking and entering offence is one that carries a maximum term of imprisonment of 14 years such as entering a house with intent to commit a serious indictable offence whilst in the company of another person.
For those children, the bail authority making the decision will need to apply a new test when considering their application for bail. That is, the bail authority can only release those children on bail if they have a high degree of confidence that the child will not commit a further serious indictable offence whilst on bail.
A serious indictable offence means an indictable offence that is punishable by imprisonment for a term of 5 years or more. Assault occasioning actual bodily harm and intimidation are offences that fall within this category.
Critics of the amendments argue that Section 22C will disproportionately impact indigenous children and increase the long-term social costs of their contact with the justice system. These children will remain in custody on remand whilst their charges progress through the courts, which increases the likelihood of those children becoming institutionalised and exposed to negative influences in circumstances where they may never be found guilty.
How can we help?
Should you or someone you know be charged with an offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney NSW (02 9696 1361), to make an appointment to speak to one of our lawyers.
Lindsay Stankovic, Associate
Criminal Defence Lawyer
Hugo Law Group, Sydney, NSW
