NCJ Number
96934
Journal
Canterbury Law Review Volume: 2 Dated: (1983) Pages: 125-132
Date Published
1983
Length
5 pages
Annotation
The bail reform proposed in December 1982 by New Zealand's Criminal Law Reform Committee and presented to the Minister of Justice would produce a far more coherent and balanced law of bail than now exists.
Abstract
The committee report's main recommendation is that in most cases a statutory presumption should exist in favor of bail. This presumption would represent a desirable shift in favor of preserving the rights of the accused person who has not yet been convicted. The report rightly acknowledges that these rights are not properly protected at present. The proposed procedure for the review of bail decisions may also, if adequate reasons are required, allow for a relatively equitable and speedy approach. The government should include bail reform in its legislative program and should not dilute the report's strong points. The report would broaden the number of bailable offenses, although it would have little effect on police bail. Courts would be able to prohibit publication of the evidence considered in any bail hearing. The report makes several recommendations about enforcement of bail obligations, but these recommendations are not all consistent. Some of the details of the report's recommendations can be criticized, but as a whole the proposals represent an improvement over the present system. (Author summary modified)