Domestic and family violence and the approach to bail

Ng, Emily and Douglas, Heather Anne (2016) Domestic and family violence and the approach to bail. Law in Context: a socio-legal journal, 34 2: 36-57.

Author Ng, Emily
Douglas, Heather Anne
Title Domestic and family violence and the approach to bail
Journal name Law in Context: a socio-legal journal   Check publisher's open access policy
ISSN 0811-5796
Publication date 2016
Year available 2016
Sub-type Article (original research)
Open Access Status Not Open Access
Volume 34
Issue 2
Start page 36
End page 57
Total pages 22
Place of publication Annandale, NSW, Australia
Publisher Federation Press
Collection year 2017
Language eng
Abstract A number of jurisdictions in Australia have introduced special provisions that either displace or reverse the presumption in favour of bail where domestic and family violence offences are alleged. This article examines the different approaches taken to bail in domestic violence cases across Australia in order to consider how to strike the best balance between protecting victims of family violence and upholding the rights of the accused. This article concludes that many of the legislative changes to bail presumptions are unjustified and that the safety of victims can be sufficiently protected by a focus on the basic assessment of whether the risk that the accused will harm the victim is unacceptable, and on a careful consideration and appropriate tailoring of the conditions of the bail grant.
Keyword Australia
Domestic violence
Family violence
Safety of victims
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
TC Beirne School of Law Publications
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Created: Fri, 15 Jul 2016, 15:42:04 EST by Carmen Buttery on behalf of T.C. Beirne School of Law