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The Bail Act 2013 uses an "unacceptable risk" test in regard to whether "the accused will fail to appear in any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence". The Bail Act 2013 passed in the NSW parliament in May 2013.
These powers are conferred with legislation regulating police officers (such as the Law Enforcement [Powers and Responsibilities] Act 2002 for New South Wales) [17] or regulating specific powers, such as the Terrorism (Police Powers) Act 2002 (also NSW). [18] Regardless of the type of police power, reasonable grounds is the only doctrine with ...
The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) is an Act of the Parliament of New South Wales which governs the exercise of specific police powers in New South Wales. [1] It The Act contains nineteen parts which either reinforce the common law, relocate existing sections from other Acts or establish new powers and safeguards ...
The Bail Act 1978 is a former New South Wales law [3] that has been repealed, and replaced with the Bail Act 2013. [4] While it was considered "groundbreaking" when enacted, [5] it has been reformed several times to increase a presumption against bail.
In June 2018, both houses of the Parliament of New South Wales unanimously passed and the Governor of New South Wales signed an urgent bill without amendments called the Crimes Amendment (Publicly Threatening and Inciting Violence) Bill 2018 [20] to repeal the vilification laws within the Anti-Discrimination Act 1977 and replace it with criminal legislation with up to an explicit 3-year term ...
Bail offered before charge is known as pre-charge or police bail, to secure the suspect's release under investigation. [ 2 ] For minor crimes, a defendant may be summoned to court without the need for bail, or may be released on recognizance (promising to appear in court, with no bail required) following arraignment .
The primary criminal statutes of NSW is the Crimes Act 1900. [9] Other statutes, such as the Summary Offences Act 1988, [10] also create criminal offences which are generally dealt with in the Local Court system. [11] Offences spelt out in the Drug Misuse and Trafficking Act 1985 (NSW) [12] cover all prohibited drugs.
Many of the arrested protestors, including former Green Party federal MP Scott Ludlam, had "absurd" and possibly illegal bail conditions placed on them by the New South Wales Police which restricted the protesters freedom of assembly and freedom of association. [9] However the NSW Coalition government said they had no plans to review protest ...