Bail Amendment Bill passed in Parliament

The Bail Amendment Bill passed the third and final reading in Parliament on 27 August 2013, making it harder for those accused of serious offences to be granted bail.

The Bail Amendment Bill:

• increases the number of situations where a defendant will be subject to a reverse burden of proof in bail decisions.  A reverse burden of proof means that the defendant has to prove that he or she should be released on bail, rather than the prosecutor proving that the defendant should not be released on bail.
• subjects young defendants aged 17 to the standard test for bail if they have previously been sentenced to imprisonment.  All defendants aged 18 and 19 will now be subject to the standard test for bail.
• grants new powers to deal with defendants under 17 years of age who breach their bail conditions.  Police will be able to arrest a young defendant who repeatedly breaches their bail conditions. 
• legislates the electronically monitored bail regime to ensure consistent practices in courts across New Zealand.

In addtion, the bill extends the list of serious violence and sexual offences that qualify a defendent for reverse burden of proof.  These include:

• sexual conduct with a child under 12
• sexual conduct with a young person under 16
• kidnapping (including abduction for the purpose of marriage or sexual connection)
• aggravated burglary
• assualt with intent to rob

Justice Minister Judith Collins says the review of the bail system aims to improve New Zealander's safety and the bill reflects the right balance between public safety and defendant's rights.  “The Bail Amendment Bill delivers our commitment to putting victims at the heart of our criminal justice system.” 

Bill Amendment Frequently Asked Questions are available on the Beehive website.

Media

'Collins delivers on tougher bail laws', Beehive, 28.08.2013