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AUST & NZ JOURNAL OF CRIMINOLOGY (June 1987) 20 (95-109) 95 Don Weatherburn, Meredith Quinn and Gabrielle Rich The changes to bail procedures introduced by the NSW Bail Act in 1978 were perhaps some of the more notable of the improvements made to criminal procedure during the late 1970s. Prior to the introduction of the Act an individual's prospects of obtaining bail depended very heavily on his or her capacity to raise the money required by the court (or the police) as surety. 1 This state of affairs had the consequence of ensuring that those least well off were most represented in the unconvicted prisoner population. 2 They were accordingly most disadvantaged when it came to making appropriate arrangements for their defence to the charge or charges made against them. The Bail Act sought to codify the law on bail and remedy these deficiencies. It approached that task through three separate initiatives. The first was to establish a right to bail for all offences not carrying a sanction of imprisonment.' The second was to establish a presumption in favour of bail for nearly all imprisonable offences." The third was to shift the focus of conditional bail from monetary considerations
Australian & New Zealand Journal of Criminology – SAGE
Published: Jun 1, 1987
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