The law on bail: A case for reform

Abstract

The Bail Amendment Act 2013 came into effect on 4 September 2013. The Act reversed the onus of proof in certain cases: for murder, Class A drug offences, and some specified offences, the starting point is a presumption that the accused will not be granted bail. The accused bears the onus of proving that they should. This paper examines the Bail Amendment Act, explains why the reverse onus is undesirable, and suggests an appropriate option for reform. This paper is particularly interested in a holistic reform option: one that takes into account the rights and interests of relevant parties after considering the underlying issues and barriers in New Zealand’s bail system.