Well, here we go, my first blog on my site.
As the titles says, I'll try and share some thoughts about life, the law and current events (not always law related)
In today's headlines, we see two items about bail. firstly, Keli Lane is refused bail pending the hearing of her appeal, and secondly, an accused in the ACT is granted bail to see his children in a highly supervised regime.
What is bail, and why do we have it?
As many would know, bail is the legal mechanism the law uses to allow people to be at liberty while they are subject of a legal cases, and before a final sentence has been passed.
The bail laws seek to strike a balance between the presumption of innocence (that golden thread that runs through our justice system) and the need to ensure that accused attend court when they are required too, and to discourage further offending.
For less serious matters, especially when the accused is a first offender, there is a presumption in favour of bail. For more serious offences the issue of bail can be quite contentious.
Appeal bail, where a sentenced person seeks bail pending the hearing of the appeal , is relatively rare and is normally only given in exceptional circumstances. Judges often argue that to grant appeal bail would have the effect of treating the original decision is "preliminary". that is one reason why Keli Lane's application for bail was refused.
As the titles says, I'll try and share some thoughts about life, the law and current events (not always law related)
In today's headlines, we see two items about bail. firstly, Keli Lane is refused bail pending the hearing of her appeal, and secondly, an accused in the ACT is granted bail to see his children in a highly supervised regime.
What is bail, and why do we have it?
As many would know, bail is the legal mechanism the law uses to allow people to be at liberty while they are subject of a legal cases, and before a final sentence has been passed.
The bail laws seek to strike a balance between the presumption of innocence (that golden thread that runs through our justice system) and the need to ensure that accused attend court when they are required too, and to discourage further offending.
For less serious matters, especially when the accused is a first offender, there is a presumption in favour of bail. For more serious offences the issue of bail can be quite contentious.
Appeal bail, where a sentenced person seeks bail pending the hearing of the appeal , is relatively rare and is normally only given in exceptional circumstances. Judges often argue that to grant appeal bail would have the effect of treating the original decision is "preliminary". that is one reason why Keli Lane's application for bail was refused.