New legislative changes will make it extremely difficult for people to get bail if they are already facing or have been convicted of a terrorism offence, or are subject to a terrorism control order.
Applicants will be refused bail if they are charged with any offence carrying a custodial sentence unless there are exceptional circumstances.
The new legislation implements changes recommended by the Joint Commonwealth-NSW Martin Place Siege Review, from the final report of the Hatzistergos Review and NSW Sentencing Council.
The Hatzistergos Review showed the Bail Act had been working well since significant amendments, including a new ‘show cause’ test, took effect in January 2015.
The ‘show cause’ test puts the onus on people charged with the most serious offences to justify why they should be given bail.
In addition, the following factors will be taken into account as part of the existing ‘unacceptable risk’ test for bail:
- an accused person’s associations with terrorist organisations
- an accused person’s statements or actions advocating support for terrorist acts or violent extremism
- an accused person’s associations or affiliation with people or groups who advocate support for terrorist acts or violent extremism.
Read the more about the new laws to combat terrorism and illegal firearms.