Criminal Law Assignment: Bail Act, Drug Offences, and Show Cause

This Criminal Law assignment analyzes key aspects of the Bail Act 2013 (NSW) concerning bail eligibility and conditions, specifically focusing on the 'show cause' requirement for drug-related offenses. The assignment examines how the accused must demonstrate why their detention is unjustified, particularly under section 16B of the Bail Act, which applies to serious offenses like those involving drug supply. It also explores the concept of 'unacceptable risks' as defined in section 17(1), which the court considers when deciding whether to grant bail. This includes assessing the nature of the offense, the strength of the prosecution's case, and the accused's background. The assignment also outlines various bail conditions that may be imposed, such as conduct-related conditions, enforcement conditions, accommodation conditions, and security conditions, as per sections 25, 30(5), 28, and 26 of the Bail Act, respectively. The analysis incorporates relevant case law and legislation, providing a comprehensive understanding of the bail process in relation to drug-related offenses.

Running head: CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note

1CRIMINAL LAW
1.
Show cause requirement
In order to obtain bail under the Bail Act 2013(NSW), the accused person must ‘show cause’
as to why they should be released on bail1. According to section [16B] of the Bail Act, any
accused charged with following offenses shall ‘show cause’ why his or her detention is
unjustified:
i. Offences that imposes life imprisonment to the accused;
ii. Several aggravated forms of sexual assault offences;
iii. Severe personal violence offence where he accused has previous records of committing
serious personal violence;
iv. Offences involving weapons and firearms;
v. Offenses related to drug supply and its manufacturing or possession in large quantities;
vi. Serious indictable offences committed during parole or bail;
vii. Commonwealth drug related offences of commercial quantity;
The burden of proof shall be on the accused to show cause for establishing his detention is
not justified otherwise bail shall not be granted. The accused charged with serious indictable
offence where maximum penalty is more than five years must show cause. Mr. James may ‘show
cause’ as he is charged with drug related offence2.
As per section 25A of Drug Misuse and Trafficking Act 1985 (NSW), any person who
supplies a prohibited drug other than cannabis, continuously on 3 or more occasions for any
1 Bail Act 2013 (NSW).
2 Shrestha, Prajesh. "Two steps back: the presumption of innocence and changes to the Bail Act 2013 (NSW)."
Sydney L. Rev. 37 (2015): 147.

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material or financial reward shall be held guilty of an punishable with punished with 20 years of
imprisonment or both for the offence3.
2.
Unacceptable risks
According to section 17(1), the court must have regards to the bail concerns that is, whether
the accused released from custody will:
i. Commit a serious offence;
ii. Fail to appear in the court proceedings;
iii. Meddle with evidence or witnesses;
iv. Jeopardize the safety of victims, individuals or community;
While assessing the bail concerns, the bail authority that is, police/court, shall consider the
following matters, having regards to the background of the accused person, to determine if there
is an unacceptable risk:
i. The nature and gravity of the offence;
ii. The strength of the prosecution case;
iii. Whether there is past record of violence of the accused;
iv. The likelihood of the accused to receive custodial sentence if they are convicted;
v. Whether the accused person has criminal associations;
vi. In case of any serious offence, the victims opinionate that the release of the offender shall
be detrimental to the safety of the victim, individuals or the community;
3 Drug Misuse and Trafficking Act 1985 (NSW) at section [25A].

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The court may refuse bail based on bail concerns, there is an unacceptable risk that cannot be
mitigated by imposing bail conditions, and bail shall be refused as per section 19 of the Bail Act
20134. If the court deems there is no unacceptable risk, bail shall be granted either with
conditions or without conditions or dispense with bail as per section 20 of the Act5.
Bail with Conditions
i. [Section 25] may impose conduct related conditions on the accused person;
ii. [Section 30(5)] may impose enforcement condition on the accused person to comply with
police directions;
iii. [Section 28] imposes accommodation condition;
iv. [Section 26] imposes security condition ensuring compliance with bail acknowledgment.
Mr. James may be granted bail with conduct conditions and enforcement conditions under
section [25] and 30(5) to ensure he complies with the bail conditions.
4 Bail Act 2013 (NSW) at section [19].
5 Hatzistergos, J., 2015. Amendments to the bail act 2013. Judicial Officers Bulletin, 27(1), p.1.

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References
Bail Act 2013 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Hatzistergos, J., 2015. Amendments to the bail act 2013. Judicial Officers Bulletin, 27(1), p.1.
Shrestha, Prajesh. "Two steps back: the presumption of innocence and changes to the Bail Act
2013 (NSW)." Sydney L. Rev. 37 (2015): 147.