2022 Bail Amendments [s.22B]
Section 22B was enacted by the Bail Amendment Act 2022 and applies to any bail decision made after the commencement of that Act, namely, on 27 June 2022: clause 45, Bail Regulation 2021 at [9-220].
Are the Amendments Retrospective?
Whilst the legislation applies to past events, it has been held that it is not retrospective “in a legal sense”.
It was argued that s.22B had retrospective effect and should be read down as to only having application to offenders convicted after the date of commencement [27 June 2022], however, it was held that there is no retrospectivity in the legal sense of that word: Director of Public Prosecutions (DPP) v Duncan [2022] NSWSC 927 at [26]-[30].
