Public Defenders

​Bail Law Resources

The new s22B of the Bail Act 2013

Following the swift introduction of s22B of the Bail Act 2013, a guide to the operation of the amendments has been urgently prepared by Nick Broadbent, Public Defender, and Rose Khalilizadeh, of Forbes Chambers.  The amendments were passed on 23 June 2022 and were assented to, and apply from, 27 June 2022.  They potentially apply to any criminal case where a plea of guilty has been entered or a finding of guilt has been made.  The main precondition is that the person "will be sentenced to imprisonment to be served by full time detention".  The Public Defenders consider that careful attention needs to be given to whether the preconditions for the refusal of bail have been met in any particular case. 

This useful guide explains the operation and implications of the section and provides suggestions for how it should be approached by defence practitioners.