Law News Update - Iemma pledges bail crackdown
NSW Premier Morris Iemma today unveiled a series of new anti-terrorism offences, steps to tighten NSW bail laws, and more powers to help police crack down on criminals.
“We must always be vigilant about the threat to the safety of our citizens, that’s why our laws are under constant review to ensure that our legal framework provides police with the powers and they need to keep us safe,” Mr Iemma said.
“It will now be a specific offence to supply or take part in supplying explosives, and those who do this will face up to three years in prison.
“We will also increase the maximum penalty for unlawfully possessing or making explosives to up to three years in gaol.”
Other reforms include:
- establishing a presumption against bail for all prescribed persons who are involved in licensed firearms dealing business
- establishing a presumption against bail for those involved in shortening firearms, or possessing or selling shortened firearms
- enabling police to take non-intimate DNA samples (such as hair samples) from suspects in all offences, not just indictable offences such as murder, sexual assault and robbery
- expanding the use of pre-deployed road spikes where police believe it may prevent persons from escaping. Currently road spikes may only be deployed once a police pursuit has already commenced
- allowing crime scene warrants to be granted for up to 30 days in terrorism cases, as opposed to the current six days.
“Today I am also announcing that the Government plans to restrict access to bail applications in the Local Court system, to help protect victims of violent crime,” the Premier said.
“Currently there is no limit on the number of times a cashed-up accused can apply to the Local Court for bail.
“That means victims of crime are forced to re-live the events leading up to the arrest of the defendant and endure the continued public attention that these crimes attract.
“Every time someone has another go at getting bail, the victims and their families must face the prospect that an alleged assailant will be free to roam the streets.
“Under current arrangements remand prisoners can usually only take their case to the Supreme Court once.
“The changes will extend that to the Local Court system to put a stop to repeat applications, unless there is some compelling new reason to revisit the matter,’ Mr Iemma said.
The Attorney General John Hatzistergos said victims groups had argued strongly for changes that help limit the number of times victims have to re-live events.
“It makes sense that if limits apply in our higher courts, they should apply across the board.”
Mr Iemma said the proposed changes to the Bail Act are sensible and fair and strike the right balance between offering greater protection to the victims of crime and the rights of the accused to apply to a court for bail.
The court will not be able to proceed with a second bail hearing unless the applicant had no legal representation the first time around or the court can be satisfied that new facts have arisen since making the first order.
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