The state government has finally acted on bail laws introducing ‘Tough Bail Laws’ that will, in summary:
Prioritise community safety in bail decisions and remove the principle of remand as a ‘last resort’.
Create tough bail laws ever for serious offences – including a new bail test that is extremely hard to pass, targeting repeat offenders
Ensure respect for the rules with new bail offences, including a second-strike rule for offenders.
The Government claims they will start this work immediately by introducing the first Tough Bail Bill into Parliament next Tuesday. In addition, the Government will also ban machetes to crack down on knife crime. Machetes will become prohibited weapons, with exemptions to be available for legitimate use.
The Tough Bail Laws will make two changes to bail decision-making principles to reduce the risk of reoffending and ensure the system meets community expectations.
Under the laws, community safety will become the overarching principle for bail decision-making for offenders of all ages.
No longer needs to be a last resort to deny bail: Right now, under section 3B of the Bail Act, an accused youth offender is remanded (detained in custody) only as a ‘last resort’. The Tough Bail Laws will remove the principle of remand as last resort.
A person accused of an indictable offence faces ‘tests’ to be granted bail. The tests get tougher as the offences get worse. A tough test applies for serious offences: someone accused of a Schedule 2 offence like manslaughter must show ‘compelling reasons’ to justify bail. Someone accused of a Schedule 1 offence like murder or aggravated carjacking must prove even tougher ‘exceptional circumstances’.
The Tough Bail Laws will elevate key offences into harsher bail tests, and create a new test to target repeat offenders of the worst crimes.
It also will uplift many offences so tougher bail tests will apply, and bail is less likely. These offences will include serious gun and arson offences, and other knife and weapon offences like machete violence. In addition, non-aggravated home invasion and carjacking offences will also face an even tougher test for bail.
To target repeat offenders of the worst crimes, the Government will create a new bail test that is extremely hard to pass. Under the tough new test, bail can’t be granted to someone who is accused of committing a serious offence if they are already on bail for a similarly serious offence – unless there is a ‘high degree of probability’ they will not reoffend.
This test will apply to offences including murder and aggravated charges of home invasion, burglary and carjacking.
The laws will introduce the offence of ‘committing an indictable offence while on bail’. It will be subject to the second-strike rule. If you commit a second indictable offence while you are already on bail for an indictable offence, there are consequences – you will face the tough test of proving ‘compelling reasons’ for bail, like you would for a more serious crime.
To ensure bail conditions are respected, it will also become a summary offence to breach those conditions – like failing to report or meet curfew.
Machetes will be declared prohibited weapons in Victoria to crack down on knife crime. Strict exemptions will be available for legitimate use, and more details will be provided in the coming days.
The Government is also introducing electronic monitoring for young offenders and undertaking more intensive bail supervision.
