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'A court’s decision whether to allow an accused person bail or to hold them in remand reflects the tension between community interests and individual rights and freedoms.' Assess this statement with reference to the criminal justice system. - HSC - SSCE Legal Studies - Question 24 - 2070 - Paper 1
Question 24
'A court’s decision whether to allow an accused person bail or to hold them in remand reflects the tension between community interests and individual rights and free... show full transcript
Worked Solution & Example Answer:'A court’s decision whether to allow an accused person bail or to hold them in remand reflects the tension between community interests and individual rights and freedoms.' Assess this statement with reference to the criminal justice system. - HSC - SSCE Legal Studies - Question 24 - 2070 - Paper 1
Step 1
Assess the Tension Between Community Interests and Individual Rights
Answer
In the criminal justice system, the decision to grant bail involves balancing community safety and the individual rights of the accused. Community interests often prioritize public safety, which may encourage courts to deny bail to those considered a risk of reoffending or fleeing. Conversely, individual rights emphasize due process and the presumption of innocence, advocating that accused individuals should be granted bail unless justified otherwise.
Step 2
Discuss Relevant Legislation and Cases
Answer
Legislation such as the Bail Act provides guidelines on when bail may be granted or denied. For instance, cases like R v. Tait illustrate judicial reasoning in bail decisions, considering factors such as the nature of the crime and the accused's background. These examples reveal how legal frameworks attempt to address this tension.
Step 3
Evaluate Media and Public Perception
Answer
Media portrayals often influence public opinion on bail decisions. High-profile cases receiving extensive media coverage may skew perceptions towards harsher bail conditions. This influence can create pressure on courts to lean towards community interests at the expense of individual rights.
Step 4
Conclusion on the Criminal Justice System's Role
Answer
Ultimately, the criminal justice system plays a crucial role in mediating this tension. While it seeks to uphold individual freedoms, it must also ensure community safety. Striking this balance remains a critical challenge, reflecting ongoing debates in law and society about justice and fairness.