Electronic monitoring and presumption against bail in overhaul to protect victims
The NSW government has acted to protect victims of domestic violence, introducing strict bail reforms that will keep alleged offenders behind bars.
NSW
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Alleged offenders accused of serious domestic violence offences would have a presumption against bail and would be electronically monitored if released while awaiting trial, under a package of bail reforms the Minns government will put to parliament.
Cabinet ministers signed off on the overhaul last night amid public outcry over violence perpetrated against women, including 28-year-old Molly Ticehurst’s alleged murder last month.
The overhaul comes as new crime statistics revealed that more alleged domestic violence offenders are in NSW prisons than ever before.
The reforms will reverse the presumption of bail for “serious domestic violence offences” allegedly committed by an intimate partner, including sexual assault, strangulation with intent to commit another offence and kidnapping.
Accused coercive control offenders will also have a presumption against bail when coercive control becomes a criminal offence on July 1.
These offences will become “show cause” offences, requiring an alleged offender to show why they should be out in the community to get bail.
The legislation would require people charged with “serious domestic violence offences” to be electronically monitored if released on bail.
Ms Ticehurst’s family has been calling for NSW to legislate “Molly’s Law,” which would require alleged domestic violence offenders to wear ankle bracelets if on bail.
Molly’s alleged killer and ex-partner, Daniel Billings, was on bail at the time of the alleged murder, after being charged with raping her three times, stalking her, causing damage to her property and abusing a 12-week-old puppy. He remains before the courts and no pleas have been entered.
Billings would have been subjected to electronic monitoring if Premier Chris Minns’ proposed bail reforms were in place at the time.
Serious domestic violence offences would be added to the list of offences where bail can be “stayed,” requiring an alleged offender to remain in custody while prosecutors challenge their release.
For all other domestic violence offences, bail authorities will be forced to consider additional information, including domestic abuse risk factors (or “red flags”) and the views of victims and their family.
Changes will also be made to bail courts to ensure decisions are made by magistrates, and it would be easier to prosecute perpetrators using tracking and surveillance devices to maintain control of a victim.
The reforms come after marches across NSW and the country condemning male violence against women.
Prime Minister Anthony Albanese branded domestic violence a “national crisis” last month.
New Bureau of Crime Statistics and Research (BOCSAR) data released on Tuesday revealed domestic violence and sexual assault offences or charges are increasing.
There were nearly 12,500 adults in custody in the state in March 2024, with a quarter of that number charged with DV offences. This was a 34 per cent increase than the number in custody in March 2019. Of this number 52.2 per cent are being held on remand while awaiting trial.
Mr Minns said the reforms are “long overdue” and will “make it more difficult for alleged domestic violence offenders to get bail”.
Attorney-General Michael Daley said the package sends a “clear message” that the “safety of victims is the paramount consideration of the justice system”.
Minister for the Prevention of Domestic Violence Jodie Harrison said the reforms complement a $230 million support package announced by the Minns government last week.
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