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Identify and Describe the Importance of 1 Current Project Associated with Law Reform Undertaken by the Nsw Law Reform Commission

Autor:   •  June 19, 2016  •  Term Paper  •  533 Words (3 Pages)  •  1,007 Views

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  1. Identify and describe the importance of 1 current project associated with law reform undertaken by the NSW Law Reform Commission.

The Law Reform Commission an inquiry, to the Law Reform Commission Act 1967, aimed at improving the system. Specifically the Commission is to review the mechanisms and processes for considering and determining parole. They need to consider the need to provide for a process of fair and independent decision-making, including consideration of the respective roles of the courts. They also need take in account of the needs and interest of the community, victims and offenders. Furthermore parole might involve too great a risk to the community, because time spent on parole creates an opportunity to reoffend which would not have existed had the offender been kept in custody until the end of the head sentence.

  1.  Assess the role of the justice system in NSW in recognizing rights and responding to change.

The justice system is a system of laws and ruling, which protect community members and their property. It determines which events causing injury or offence to community members, are criminal.

The Law Reform Commission is to review bail law in NSW, from the LRC Act 1967. The new Act will eloquently the purpose of bail legislation which is to provide a legislative framework to determine whether a person, accused of a criminal offense should be detained or releases. The new Act will also have regard to the principle systems including the presumption of innocence and the general entitlement to be at liberty. As recommended by the LRC the same risk assessment process will be required for considering the imposition of conditions as when making a bail determination. According to the “The Age Victoria” newspaper on March 10th 2016, Victoria’s prisoners are so overcrowded some magistrates are releasing prisoners on bail to ensure they’ll turn up to court. Fairfax Media revealed that magistrates are so frustrated with prisoner’s continually missing court appearances hence releasing them on bail, believing its more likely an accused will turn up on their own recognisance. This implies that the government has no choice, as the situation is so bad that prisoners are missing their bail applications and assessments for community based sentences.

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