SJD1501
Assignment 5
Semester 2 2025
Due 20 October 2025
, SJD1501
Assignment 5
Semester 2 2025
Due 20 October 2025
Question 1
Please share your ideas on how we can improve bail provisions to better protect our
society from GBV. Please share up to five ideas, along with a short explanation of why
each one is important. (10 marks)
• Idea 1: Mandatory protection orders before bail in GBV cases
Motivation: This ensures that, even if bail is granted, a legally binding order
restricts the accused from contacting or approaching the victim, thereby reducing
the likelihood of further harm.
• Idea 2: Reverse onus of proof in serious GBV cases
Motivation: Shifting the burden onto the accused to demonstrate why bail should
be granted enhances victim protection by prioritising safety over the presumption
of liberty in high-risk cases.
• Idea 3: Victim’s safety and input as compulsory factors in bail decisions
Motivation: Victims live with the direct consequences of bail; their fears, risks of
intimidation, or threats to life must be legally mandated considerations in judicial
determinations.
• Idea 4: Restrict police or prosecutor-granted bail in GBV cases
Motivation: Allowing only courts to grant bail ensures rigorous judicial scrutiny,
rather than rushed administrative decisions, thereby strengthening accountability
in serious offences.
Assignment 5
Semester 2 2025
Due 20 October 2025
, SJD1501
Assignment 5
Semester 2 2025
Due 20 October 2025
Question 1
Please share your ideas on how we can improve bail provisions to better protect our
society from GBV. Please share up to five ideas, along with a short explanation of why
each one is important. (10 marks)
• Idea 1: Mandatory protection orders before bail in GBV cases
Motivation: This ensures that, even if bail is granted, a legally binding order
restricts the accused from contacting or approaching the victim, thereby reducing
the likelihood of further harm.
• Idea 2: Reverse onus of proof in serious GBV cases
Motivation: Shifting the burden onto the accused to demonstrate why bail should
be granted enhances victim protection by prioritising safety over the presumption
of liberty in high-risk cases.
• Idea 3: Victim’s safety and input as compulsory factors in bail decisions
Motivation: Victims live with the direct consequences of bail; their fears, risks of
intimidation, or threats to life must be legally mandated considerations in judicial
determinations.
• Idea 4: Restrict police or prosecutor-granted bail in GBV cases
Motivation: Allowing only courts to grant bail ensures rigorous judicial scrutiny,
rather than rushed administrative decisions, thereby strengthening accountability
in serious offences.
