PART ONEDescribe the issue you have chosen. The question I decided to analyze is that concerning the implications of bail and pre-trial detention. Bail is an option that a court must consider when temporarily releasing an accused individual until his or her scheduled appearance at a designated time, before a determination of innocence or guilt is made. Various guarantees that ensure the person's appearance at a scheduled time include a surety, a bail bond paid by a surety, a summons, or a court appearance notice. Pretrial detention is the refusal of bail, when the accused must be detained before trial, held in custody until the hearing resumes or the trial begins. Pre-trial detention is granted if there is a greater likelihood that the defendant will commit another crime, fail to appear in court, intimidate someone or obstruct the course of justice. The thing about bail and remand is that the specific criteria for courts in determining bail is that they have to meet consistently high requirements and it is extremely convoluted. The past ten years have revealed that the proportion of remand prisoners in NSW has doubled relative to the aggregate prison population, while remand prisoners have tripled. PART TWO Assess the need for society to respond to this problem. Society, community, perhaps the most important factor regarding the bail decision. The request for bail is essentially a theoretical evaluation between the interests of an individual and those of a public association. Defendants on the one hand have the right to their freedom and presumption of innocence until proven guilty, and society on the other hand expects to be protected and safe. In practice, a bail assessment should be determined on the presumption of innocence... mid-paper... of the Assembly not yet presented to the Legislative Council, the bill has passed both houses of Parliament. The intention of the new Bill is to allow bail provisions in relation to criminal and other proceedings and to replace the Bail Act 1978. The establishment of a new, simple and recently developed bail system espousing a risk management in deciding whether the accused is granted bail. According to this new legislation authorities must keep the following in mind when considering granting bail to an accused; Is the person at risk of endangering community safety, committing a serious crime, interfering with witnesses or failing to show up at the appointed time? This system will offer greater uniformity by separating the complexities predominantly related to the filming regime, while taking community safety into high consideration.
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