The 2022 Bail Act Reforms

Footnotes (by the Sydney University Law Society)

In June 2022, the NSW Parliament passed the Bail Amendment Act 2022, introducing new reforms, specificially requiring bail to be "refused following conviction and prior to sentencing where the offender will be sentenced to full-time detention, unless special or exceptional circumstances can be established". We sit down with The Honourable Justice Bellew as we discuss his experience with judging one of the first bail application under the reforms, and the potential effects these reforms can have on the future of Australian law.

(0:00) Introduction of Bail Act Changes

(4:27) Interview with Bellew J Begins

(5:50) Bail Applications since Reforms

(6:25) The Neil Duncan Case

(9:36) The Reforms

(11:46) The word "will"

(12:39) Role of the Media

(14:07) The Connection of Sex Offences

(15:01) Retrospectivity (and the lack thereof) in the Duncan Case

(19:25) Retrospective Cases

(20:24) Effect of Reforms on Court Resources

(23:14) Effect on Early Appropriate Guilty Pleas

(26:15) "Infelicity of Drafting"

(27:38) Presumption of Innocence

(30:00) Show-Cause Inconsistencies

(30:50) Final Advice

(31:40) Outro

Featuring: The Hon. Justice Geoffrey Bellew

Hosts: Tamsyn Bellew, Brandon Velleley

Producers: Nick Leavenworth, Tamsyn Bellew, Veronica Lenard, Brandon Velleley

Executive Producer: Jacinda Yang

Footnotes (SULS) is based on the unceded land of the Gadigal people of the Eora Nation. We acknowledge the traditional custodians of this land, and pay respects to the Elders past, present and emerging.