New NSW bail laws set to take effect

New NSW laws designed to make it tougher for people accused of serious crimes such as Sydney siege gunman Man Haron Monis to get bail will come into effect on Wednesday.

The laws were in the spotlight last month after Monis was granted bail six days after the risk-based system was introduced in May, replacing the presumption against bail for serious offences such as murder.

A magistrate determined a murder case against Monis and his co-accused was weak, and neither posed a threat to others.

Monis took 18 people hostage at a Sydney CBD cafe in December with a 16-hour siege ending in his death, and those of hostages Katrina Dawson, 38, and Tori Johnson, 34.

The new laws, passed in September, will require accused criminals to argue that their detention is not justified, while magistrates will have to consider new factors such as whether the accused has links to organised crime.

The laws will apply to people accused of crimes that carry a life sentence, involve the sexual assault of a child or if it involves use of a firearm.

The NSW Bar Association said the new laws threaten fundamental legal rights.

The peak legal body in August said the new changes represented a premature, reactive response to criticism in the media and that nearly 50 per cent of all people charged are acquitted.

NSW Premier Mike Baird last June gave former attorney-general John Hatzistergos the task of reviewing the Bail Act and the Labor politician recommended a tightening of bail rules.

NEW BAIL LAWS FOR NSW

* Those accused of the most serious offences must now show cause why they should not be detained.

* Under the old act, bail was granted according to risk.

THE LAWS APPLY TO OFFENCES THAT:

* carry a life sentence

* were committed while on bail or parole

* involve the sexual assault of a child

* involve the use of a firearm

* involve the manufacture or supply of commercial quantities of a prohibited drug; or

* involve a repeat act of serious personal violence.

(Source: NSW Attorney General's office)