In New South Wales, the Bail Act 2013 establishes distinct pathways for bail decisions: including often a “show cause” bail application and a “normal” unacceptable risk application.
A show cause bail application is required for certain serious offences. Under the Bail Act, if a person is charged with a “show cause” offence—like a violent crime, firearm offence, or an offence committed while on bail—they must prove why their detention is not justified. In short, they have a reverse onus on a balance to “show cause” why continued detention is not justified. The bail laws have become more expansive with recent changes and now include, serious domestic violence offences as show cause offences.
In contrast, a normal unacceptable risk application applies when no show cause requirement exists. Here, the prosecution conventionally bears the burden to prove the person poses an unacceptable risk, considering factors like likelihood of reoffending, safety of the community, and flight risk. Thus, while both tests assess risk, the show cause process imposes a more stringent, proactive burden on the accused, reflecting the heightened seriousness of the alleged offence.
If you or someone from your family has been bail refused by police it is imperative to contact an experienced criminal defence lawyer to secure their release into the community whilst the charges are pending.
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