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NSWLegal StudiesQuick questions
Core Part I: Crime
Quick questions on Police powers, arrest and bail: HSC Legal Studies
6short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is police powers under LEPRA?Show answer
In NSW, police powers are codified in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA). The key powers:
What is the bail decision?Show answer
Bail is the release of an accused person on conditions pending the next court date. Governed in NSW by the Bail Act 2013 (NSW).
What is the unacceptable risk test?Show answer
The bail authority refuses bail if there is an unacceptable risk that the accused will fail to appear, commit a serious offence, endanger any person, or interfere with witnesses or evidence. Bail conditions can be imposed to mitigate risk.
What is show cause offences?Show answer
For specified serious offences (e.g. murder, serious drug offences, offences while on bail for other serious offences) the accused must "show cause" why their detention is not justified before the unacceptable risk test is applied. Show cause categories were expanded in 2014 amendments.
What is recent NSW bail reforms?Show answer
The Bail Amendment Act 2022 (NSW) and subsequent amendments tightened bail for repeat offenders and for offences while on bail. Critics including the Aboriginal Legal Service NSW/ACT argue the reforms increase remand of Indigenous accused; the 2023 NSW Bureau of Crime Statistics and Research (BOCSAR) report on remand trends documented a sustained rise in the remand population.
What is forgetting the Bail Act 2013 replaced the Bail Act 1978?Show answer
Use the 2013 Act, including all amendments to date.
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