By Alanna Van der Veen -
Snapshot
- The Bail Amendment Act 2014 (NSW) introduced a ‘show cause’ test in circumstances where bail is sought for certain offences.
- In the past year, several cases were determined in the Court of Criminal Appeal that deal with the scope of s 16A, as well as providing guidance on what may or may not be sufficient to show cause why detention is not justified.
- It is important to consider each case on its own facts when determining whether cause has been shown as to why an accused’s detention is not justified.
The 28th of January 2015 marked one year of the Bail Amendment Act 2014 (NSW). This Act amended the Bail Act 2013 (NSW) (the Act) in several respects. Of particular note was the introduction of the ‘show cause’ test in s 16A. Section 16A provides that for certain offences as set out in s 16B of the Act, a bail authority must refuse bail unless the accused person shows cause why his or her detention is not justified.
There is no legislative guidance in the Act on what will be sufficient to ‘show cause’ why detention is not justified, or what factors are relevant to this test. Over 2015, the Court of Criminal Appeal (CCA) examined the operation and scope of the test in s 16A, as well as what may or may not be sufficient to show cause why detention is not justified.
