Law reform to keep violent domestic abusers in jail while they await trial

In an overhaul of bail laws to be considered by NSW Cabinet this week, domestic abusers deemed at high risk of reoffending will struggle to get bail while they await trial.

The most violent domestic abusers will be denied bail under “comprehensive” new laws designed to better protect women.

In an overhaul of bail laws to be taken to NSW Cabinet on Monday, offenders deemed at high risk of reoffending will struggle to get bail while they await trial.

Almost three weeks since childcare worker Molly Ticehurst was killed – allegedly at the hands of a former partner who was out on bail – Premier Chris Minns will present a “significant” package of reforms.

“We need to be in a situation where if it looks as though there’s a pattern of behaviour or there are very serious charges or the police determine that person is a high risk to the community,” Mr Minns said to 2GB’s Ben Fordham on Monday morning.

“Whether it’s that we keep them in jail, we keep them in remand during the process of the judicial system so the victim has an opportunity for justice in the court system.”

Premier Chris Minns will present a package of reforms to Cabinet on Monday. Picture: David Swift

Molly Ticehurst’s former partner has been charged with her murder.

Described as “comprehensive”, the key measure will be keeping offenders deemed as being a high risk of committing DV offences behind bars.

Mr Minns has previously said the flouting of previous or existing Apprehended Domestic Violence Orders or a “choking offence” are among crimes that could be included in the tightening of bail laws. Men charged with ­serious offences, such as rape, will also be a target of the law changes.

While the government has not ruled out expanding electronic monitoring, it is understood the package will recommend further exploration on its role in protecting women.

Molly was found dead in her home in Forbes on April 22.

Her former partner, Daniel Billings, has been charged with her murder. At the time, he had been released from custody after being charged with the rape, stalking and intimidation of Molly.

The decision was made by a court registrar rather than a magistrate.

Conceding the NSW justice system had “obviously failed” Molly, Mr Minns asked Crown Advocate David Kell SC for advice on potential changes to bail laws.

The Premier also flagged changes to the use of court registrars to sign off on bail for serious domestic violence matters.

In drafting the package, the government has sought the advice of defence lawyers and the Bail Act Monitoring Group, which comprises representatives from the Department of Communities and Justice, the police, the Director of Public Prosecutions, and Legal Aid NSW.

Discussions have also been held on the issue with NSW Attorney-General Michael Daley.

The reforms will be on top of a $230m package the government has already announced, with the funding to enhance support for domestic, family and sexual violence victims and expand programs that reduce the rate of violence against women and children over the next four years.

It also includes $45m that has been set aside to implement the law reform measures.

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