Section 22B of the Bail Act 2013 came into force since 27 June 2022, meaning it applies to any matter where Bail is being applied after 27 June 2022. Recent changes to the Bail Act 2013 (NSW) caused more uncertainty and more prisoners on remand in the criminal system. New s22B provides those who plead guilty or are found guilty of an offense in criminal proceedings are likely to receive a full-time custodial sentence and will need to establish special or exceptional circumstances in order to be released on bail pending their sentencing hearing.
Issues of Pleas of Guilty in the criminal justice system
The new change of the Bail Act obviously conflicted with the purpose of the Early Appropriate Guilty Plea program, introduced by New South Wales on 30 April 2018, which encourages the accused to enter guilty pleas at an early stage of criminal proceedings because it gives “discount” for a guilty plea during the criminal proceedings.
The change discourages the accused from pleading guilty in the criminal proceedings because bail will not be granted unless the accused satisfy the “special or exceptional circumstances.” Further, this will lead to certain serious cases being unnecessarily delayed before a plea of guilty is entered.
Secondly, because a greater number of accused are likely to be detained in already overcrowded prisons before their sentencing hearings, it clearly put extra pressure on public resources and increases the costs of incarceration.
Practical takeaways
The defense lawyer should ask to adjourn the court if DPP has made a detention application.
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