On 21 March 2024 Parliament passed legislative changes to amend the Bail Act 2013 to include a temporary additional bail test for young adults aged between 14 and 18 charged with certain serious break and enter offenses or motor vehicle theft offences whilst already on bail for similar offences.
Under these strengthened NSW bail laws, any bail authority including Police, Magistrates and Judges will need to have a high degree self assurance that in their opinion the young adult will not commit a further serious indictable offence before they grant them bail.
These amendments are a temporary measure that are set to be in place for the next 12 months and will be closely monitored by the Department of Communities and Justice utilising the data and expertise of the Bureau of Crimes Statistics and Research (BOCSAR).
It is hopeful that these additional measures will assist in tackling the evolving problem of youth crime and will limit young people from re-offending.
NSW Attorney General Michael Daley stated “these bail laws have been purposefully designed to address repeated alleged offending by young people aged between 14 and 18 who have been charged with serious break and enter, motor vehicle theft, while on bail for another offence of that type”.
In addition to the change outlined above, the NSW Government has also introduced a ‘performance crime’ offence in the Crimes Act 1900 (NSW) which essentially imposes a further penalty of two years’ imprisonment for young people who commit motor vehicle theft or break and enter offences and share material to advertise their involvement in the criminal behaviour. This change is introduced in an effort to curb the “post and boast” mentality of youth crime members.
If you or someone you know has found themselves before the Court on a youth crime contact our team at Meehans today on 4627 3333 for legal advice you can rely on.
This article was published on 31/05/24 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.