The " Bail " Act !

New South Wales is revising the bail act and many people will think that this is long overdue.   It has a capricious history of releasing people who should be behind bars, and incarcerating others for little apparent reason.

As things presently stand, there is a " presumption against bail " whenever a prisoner appears before a bail court.  The police usually ask that bail be refused and it is up to that person's attorney to mount a compelling case that persuades the magistrate to order release.

The impetus that will apply in future is " risk management ".   The magistrate will consider the chances that the person before the court may re-offend - may interfere with witnesses - may be a danger to the community - and whether or not there is a probability of failure to appear in court at a later date.

That all seems like common sense, but there are other matters that should come into play whenever bail is considered.    If a person is refused bail they are usually " remanded " to be held in a prison - and no time factor comes into play.   We have people behind bars for years while police and prosecutors prepare their cases, and in many instances when they come to court they are found to be innocent - or the sentence would not usually incur a period in prison.   Those in power with a vindictive attitude are able to deliver personal " punishment " if they so desire.

The police and prosecutors will have no option than to speed up their investigation if remand contains a time limitation.  A prisoner on remand in a gaol is serving a virtual sentence.   They are prevented from doing whatever job they hold in the community and earning money to provide for their family.  They are in the company of other prisoners and they eat prison food and they are subjected to strip searches and similar indignities in common with convicted felons.

A case could be made for a specific establishment to house those remanded.   It would need high security, but there is no reason that conditions should not be fully civilized.    Our system of justice decrees that every person facing a charge shall be deemed " innocent until proved guilty " - and these are people who are yet to have that matter decided by a court.

It is said that the wheels of justice grind slowly.   That is unacceptable if the delay is simply slothful application to the task of preparing cases or investigation of the supposed crime.   The individual rights of a citizen are violated if a person is arrested before reasonable evidence of guilt has been collected.    Once a person is placed under arrest, their civil rights are suspended and their former good name may never be able to be fully restored.

Revision of the bail act is welcome - but the entire process of prosecution from arrest to the culmination in court needs checks and safeguards to ensure that it happens within a reasonable time frame !