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Bail Act 2013
The Bail Act 2013 is a New South Wales law that came into effect on 20 May 2014. It replaces the Bail Act 1978, which was considered "groundbreaking" when enacted, but has been reformed several times to presume against bail. The new act was created with the aims that it would be easier to understand, would further protect the community and would promote consistent decision-making. The Bail Act 2013 uses an "unacceptable risk" test in regard to whether "the accused will fail to appear in any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence".
The Bail Act 2013 passed in the NSW parliament in May 2013. In response to a review, Bail Act reforms passed parliament in September 2014, and came into effect on 28 January 2015.
==Review of previous law==
On 9 June 2011, Premier Barry O'Farrell announced that the NSW Law Reform Commission would review the bail law. In April 2012, the Commission reported that the previous law had become complex, making it difficult even for legal practitioners to understand and apply.〔 The Bail Act 1978〔(【引用サイトリンク】title=Bail Act 1978 (NSW) )〕 was considered "groundbreaking" when enacted〔 but has been reformed several times to presume against bail. In its review of the bail law in New South Wales, the Law Reform Commission noted that over the 15 years prior, the population in remand had tripled due to "policy shifts". It recommended a new, simplified, bail law, to be written in "plain English". The "justification" decision-making process to detain or release was recommended over the "unacceptable risk" model used in the Victorian Bail Act.〔(Report 133 Law Reform Commission: ''Bail'' ) (2012) NSW Law Reform Commission. 〕〔(【引用サイトリンク】title=Bail Act 1977 (Vic) )〕 The Commission stated that "it is more difficult to include explicit reference to the interests of the person within the unacceptable risk model" and that neither the Victorian bail act nor the Queensland bail act, which use risk-based models, make reference to the interests of the person. The Commission also stated that the "justification" model was familiar.〔 In November 2012, the Government decided to create a new Bail Act that was easier to understand, with aims to further protect the community and promote consistent decision-making.〔(NSW Govt response to LRC review, November 2012 ) 〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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