Courts must ‘play ball’ on bail decisions, Attorney-General warns Vic’s top judge

Attorney-General Sonya Kilkenny has told the state’s top judge Victorians “do not feel safe in their homes” and warned the courts must put community safety first immediately in their bail decisions.

Victoria’s Attorney-General has put the state’s top judge on notice as new bail laws are put to the test, warning that the courts must play ball and help “re-establish trust” with the community.

In a stern letter to Chief Justice Richard Niall, obtained exclusively by the Saturday Herald Sun, Sonya Kilkenny said it was the government’s expectation that the new reforms have “an immediate impact” on bail decisions.

“It is clear that many Victorians do not feel safe in their homes and do not feel they are served by a justice system that should put community safety first,” Ms Kilkenny said.

“It is important that the community sees and understands the decisions that the courts are

making.”

Sonya Kilkenny says it’s the government’s expectation that the new reforms have ‘an immediate impact’ on bail decisions. Picture: Nicki Connolly

Under the new laws, which came into effect this week after being signed off by Governor Margaret Gardner, bail decision-makers must put community safety first. Picture: David Crosling

Under the new laws, which came into effect this week after being signed off by Victorian Governor Margaret Gardner, bail decision-makers must put community safety first.

Remand is no longer considered a last resort for a youth offender.

Two offences “committing an indictable offence while on bail” and “breaching bail conditions”, which were removed by the former Andrews government, have also been reintroduced.

Both offences will stack an extra three months imprisonment to any other sentence imposed.

“It is imperative that police, government and the courts are all working together to meet community expectations of what their justice system should deliver and to keep them safe,” Ms Kilkenny told Justice Niall.

Mounting community anger forced Premier Jacinta Allan to unveil a package of bail and knife reforms earlier this month. Picture: AAP

Mark Knight cartoon on March 13, 2025.

“It is on all of us to change this and to re-establish trust.”

Mounting community anger, highlighted in the Herald Sun’s Suburbs Under Siege campaign, forced Premier Jacinta Allan to unveil a package of bail and knife reforms earlier this month.

The new laws were put to the test in the Children’s Court on Wednesday when a 17-year-old accused of a drug-fuelled crime spree in Bendigo made his case for bail.

The teen, who had racked up hundreds of alleged offences for breaking into homes, stealing cars and engaging in high speed pursuits from police, was refused bail.

Further legal changes, including what Labor has dubbed the “toughest bail laws in the country”, are due to be introduced to parliament mid-year.

Under those reforms, offenders will have to show “compelling reasons” for bail and a “second strike” rule for repeat offenders will make it harder for thugs to be freed to terrorise the community.

The reforms have been Ms Kilkenny’s toughest test yet as Attorney-General – a role she was handed in a major cabinet reshuffle in December, sparked by the resignation of longtime treasurer Tim Pallas.

Originally published as Courts must ‘play ball’ on bail decisions, Attorney-General warns Vic’s top judge