SJD1501 Assignment 5
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 20
October 2025
For assistance contact
Email:
, Analysis of Bail Provisions Regarding Gender-Based Violence (GBV)
1. Ideas to Improve Bail Provisions to Better Protect Society from GBV (10 Marks)
Idea 1: Automatic Imposition of Protective Conditions (1) Motivation: Bail conditions
should automatically include no-contact orders and exclusion zones, enforced via electronic
monitoring in high-risk cases. This immediately creates a physical buffer, enhancing the victim's
perceived and actual safety post-release. (29 words)
Idea 2: Mandatory Risk and Safety Assessment (1) Motivation: Require a formal,
multidisciplinary risk assessment (by social workers/psychologists) before any bail application is
heard. This provides the court with objective, non-hearsay data on the likelihood of re-offending
or victim intimidation. (34 words)
Idea 3: Reverse Onus for Domestic Violence Schedule 5 Offences (1) Motivation: Where the
GBV offence falls under Schedule 5 (serious), and involves domestic violence, the onus should
automatically shift to the accused to prove exceptional circumstances exist for release. This
aligns bail with the severity of domestic risk. (38 words)
Idea 4: Specialised Bail Hearing Rosters (1) Motivation: Appoint magistrates who receive
ongoing, specialised GBV training to hear these bail applications. This ensures consistent,
trauma-informed decision-making that is acutely aware of the dynamics of power and abuse. (33
words)
Idea 5: Pre-Bail Victim Impact and Safety Statement (1) Motivation: Require the victim to
submit a pre-bail statement outlining their safety concerns and the immediate psychological
impact. This grants the victim a formal, documented voice that the court must explicitly consider
during its Section 60(4) assessment. (39 words)
2. Roles of Victims of GBV or their Loved Ones in Bail Hearings (8 Marks)
2.1 Discussion on the roles of victims or loved ones: (8)
Victims of GBV, or their loved ones (where the victim is unable or deceased), should have a
pivotal, statutorily guaranteed role in bail hearings that extends beyond being a mere witness.
Their primary role is to inform the court about the realistic, on-the-ground risks posed by the
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 20
October 2025
For assistance contact
Email:
, Analysis of Bail Provisions Regarding Gender-Based Violence (GBV)
1. Ideas to Improve Bail Provisions to Better Protect Society from GBV (10 Marks)
Idea 1: Automatic Imposition of Protective Conditions (1) Motivation: Bail conditions
should automatically include no-contact orders and exclusion zones, enforced via electronic
monitoring in high-risk cases. This immediately creates a physical buffer, enhancing the victim's
perceived and actual safety post-release. (29 words)
Idea 2: Mandatory Risk and Safety Assessment (1) Motivation: Require a formal,
multidisciplinary risk assessment (by social workers/psychologists) before any bail application is
heard. This provides the court with objective, non-hearsay data on the likelihood of re-offending
or victim intimidation. (34 words)
Idea 3: Reverse Onus for Domestic Violence Schedule 5 Offences (1) Motivation: Where the
GBV offence falls under Schedule 5 (serious), and involves domestic violence, the onus should
automatically shift to the accused to prove exceptional circumstances exist for release. This
aligns bail with the severity of domestic risk. (38 words)
Idea 4: Specialised Bail Hearing Rosters (1) Motivation: Appoint magistrates who receive
ongoing, specialised GBV training to hear these bail applications. This ensures consistent,
trauma-informed decision-making that is acutely aware of the dynamics of power and abuse. (33
words)
Idea 5: Pre-Bail Victim Impact and Safety Statement (1) Motivation: Require the victim to
submit a pre-bail statement outlining their safety concerns and the immediate psychological
impact. This grants the victim a formal, documented voice that the court must explicitly consider
during its Section 60(4) assessment. (39 words)
2. Roles of Victims of GBV or their Loved Ones in Bail Hearings (8 Marks)
2.1 Discussion on the roles of victims or loved ones: (8)
Victims of GBV, or their loved ones (where the victim is unable or deceased), should have a
pivotal, statutorily guaranteed role in bail hearings that extends beyond being a mere witness.
Their primary role is to inform the court about the realistic, on-the-ground risks posed by the
