Speaking too soon : the sabotage of bail reform in New South Wales

Brown, David & Quilter, Julia (2014) Speaking too soon : the sabotage of bail reform in New South Wales. International Journal for Crime, Justice and Social Democracy, 3(3), pp. 73-97.

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Within just over one month of coming into operation in May 2014, the new Bail Act 2013 (NSW), a product of long-term law reform consideration, was reviewed and then amended after talk-back radio ‘shock jock’ and tabloid newspaper outcry over three cases. This article examines the media triggers, the main arguments of the review conducted by former New South Wales (NSW) Attorney General John Hatzistergos, and the amendments, with our analysis of the judicial interpretation of the Act thus far providing relevant background. We argue that the amendments are premature, unnecessary, create complexity and confusion, and, quite possibly, will have unintended consequences: in short, they are a mess. The whole process of reversal is an example of law and order politics driven by the shock jocks and tabloid media, the views of which, are based on fundamental misconceptions of the purpose of bail and its place in the criminal process, resulting in a conflation of accusation, guilt and punishment. Other consequences of the review and amendments process recognised in this article include the denigration of judicial expertise and lack of concern with evidence and process; the disproportionate influence of the shock jocks, tabloids and Police Association of NSW on policy formation; the practice of using retired politicians to produce ‘quick fix’ reviews; and the political failure to understand and defend fundamental legal principles that benefit us all and are central to the maintenance of a democratic society and the rule of law. The article concludes with some discussion of ways in which media and political debate might be conducted to produce more balanced outcomes.

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ID Code: 82045
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Bail, media, unacceptable risk, Bail Act 2013 (NSW), New South Wales, criminal law reform
DOI: 10.5204/ijcjsd.v3i2.181
ISSN: 2202–8005
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Criminology not elsewhere classified (160299)
Divisions: Current > Research Centres > Crime & Justice Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2014 The authors
Copyright Statement: This work is licensed under a Creative Commons Attribution 3.0 License.
Deposited On: 25 Feb 2015 22:47
Last Modified: 21 Jun 2017 14:50

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