Submission to the NSW Sentencing Council on the proposal for additional show cause offences in the Bail Act 2013 (NSW)

This submission sets out PIAC’s opposition to proposals to extend the category of offences for which an alleged offender must ‘show cause’ why they should not be imprisoned to await trial. The inclusion of a category of offences for which an offender must ‘show cause’ was inserted into the Bail Act 2013 in 2014 following recommendation by the Hatzistergos Review. The NSW Sentencing Council was then asked to consider whether this category should be extended further. PIAC believes the inclusion of ‘show cause’ offences will mean a higher probability an individual will be imprisoned to await trial where they may not, in all circumstances of the case, pose a risk to the community. PIAC has accordingly recommended that the show cause category should not be further extended. At minimum, no changes should be made to the new bail regime for at least a 12-month period during which time an evidence-based analysis should be undertaken.