NSW extends strict bail test for young people charged with repeat car theft, break and enter

"We can see this law is working and that’s why we’ve extended it", attorney general says

NSW extends strict bail test for young people charged with repeat car theft, break and enter

The NSW government has extended the additional bail test under s. 22C of the Bail Act 2013 for young individuals accused of repeat car theft and break and enter offences, the NSW Department of Communities and Justice said.

The provision restricts bail for those between the ages of 14 and 18 if they are charged with certain car theft offences or serious break and enter offences while they are already on bail for the same type of offence.

“The bail test requires judicial officers to refuse bail unless they have a high degree of confidence the young person will not commit further similar offences,” said NSW attorney general Michael Daley in a media release.

Through extending the strict bail test, the government seeks to improve safety within communities, to reduce crime committed by these young people, and to minimise their long-term involvement with the justice system, the media release said.

“22C is a tough test and it needs to be because we cannot tolerate serious offending from young people while they’re already on bail,” Daley said.

Early data

In its media release, the NSW Department of Communities and Justice noted that:

  • Early data has shown that s. 22C is working
  • The bail refusal rate for young people that the government has handled in line with this provision is more than double the rate for youth offences in general
  • Thus far, NSW Police’s Operation Regional Mongoose targeting property-related crime has charged 827 alleged offenders, with over half of offenders being under the age of 18

“We can see this law is working and that’s why we’ve extended it – to make sure we break the cycle of youth offending and strengthen community safety,” Daley said in the NSW government’s media release.

The media release noted that s. 22C was originally introduced in April 2024 and would have sunset this coming April without the three-year extension requested by the NSW government. In the future, the government plans to keep a close eye on the impacts of the law.

Last year, the NSW government announced a $26.2m community safety package, which provided for the expansion of NSW police-run youth action meetings, the Youth Justice NSW Safe Aboriginal Youth Patrol Program, and increased funding for a targeted response in Moree.

The media release said that, last month, the NSW government dedicated over $6m in funding to support community safety across Bourke, Moree, and Kempsey.