Victorian bail law changes to be announced by State Government
VICTORIA’S bail laws are set to be overhauled by the Andrews Government following the Melbourne CBD massacre which left six people dead.
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VICTORIA’S bail laws are set to be overhauled by the Andrews Government following the Melbourne CBD massacre in January, which left six people dead and 37 injured.
Attorney-General Martin Pakula unveiled long-awaited changes this morning which include tough new measures to keep high-risk offenders off Victorian streets.
Reforms include a presumption against bail for serious violent offences and sexual offences.
Police will also have more powers to remand accused people, and bail justices will be prevented from considering the most serious cases.
A review by Supreme Court Justice Paul Coghlan QC made 37 recommendations.
It followed revelations accused killer Dimitrious Gargasoulas was granted bail against the advice of Victoria Police five days before the Bourke St car attack.
Victims of Crime Commissioner Greg Davies said the bail reforms announced today were “certainly an improvement”.
“We look forward to seeing positive results when it is implemented.”
Police Association Secretary Wayne Gatt welcomed the move toward ‘unambiguous legislation’.
“The Government’s intention to extend the range of offences that trigger a refusal of bail, other than in exceptional circumstances, will support victims and police by making it more difficult for people accused of serious crimes to be granted bail,’’ he said.
“That said, these proposed reforms rely on the development of new bail laws that makes the government’s intentions announced today a reality and impact outcomes at court.
“For too long, we have seen occasions where the current laws have allowed bail decision-makers to not always give sufficient weight to community safety and expectation.
“Where there’s an unacceptable risk to the community we must always err on the side of victims. Our laws need to make this crystal clear.’’
However, Opposition Leader Matthew Guy hit out at the government’s changes saying they “appear simply cosmetic” and said Victoria’s bail system needed a cultural change that made offenders fearful.
“The bail changes announced today by the government are too small and too weak,” he said.
“Victorians are sick to death with weak bail laws.”
Mr Guy supported a Remand and Bail Court but said Bail Justices would continue to have a role under a Coalition Government in the future
He also spruiked his own three-point bail plan, including a one-strike and you’re in policy, which he released earlier this year.
Mr Guy said Victorians would be safer under a Coalition Government but more prison beds would be needed.
MAJOR CHANGES
There are 37 recommendations made in two reports by Justice Coghlan, which will impact both Victoria Police and the government.
Major proposed changes include transitioning the interim night court be to a bail and remand Court, which will run from 9am and 10pm.
This will also allow police to remand offenders overnight, including at regional stations.
Other changes already addressed by the government include the removal of the presumption of bail for 10 serious offences including rape, kidnapping and gross violence.
These harsher rules will also be applied to people who reoffend committing a serious offence while on bail.
Mr Pakula said the all of the recommendations were accepted in principle and would be carried out in two stages with the new presumption of bail laws to be introduced by the end of the month.
However Mr Pakula warned other recommendations made in the second report were system-wide and would require careful consideration.
“What this report ensures is that community safety be given a higher priority in the future in our state,” Mr Pakula said.
“These changes mean it will be harder than ever before for a person in Victoria to get bail if they are accused of committing a serious violent crime.”
Changes being recommended will apply to youth offenders as well as adults.
It also appears bail justices will be sidelined under the overhaul.
The report also flagged the state’s remand population had soared to 2300 and some changes may see some lower level offenders released.
However despite the booming population and growing pressure within the prison system Mr Pakula refused to commit to a new jail facility being built in Victoria.
KEY RECOMMENDATIONS:
— Establish a Bail and Remand Court which operates from 9am to 10pm.
— Allow police to remand adult offenders overnight
— Review the role of Bail Justices and whether they should be retained in Victoria.
— Retain Bail Justices to deal with children and vulnerable adults
— Delay bail decisions if offender is intoxicated.
— Rewrite the Bail Act to make it clear and consistent.
— Presumption of bail to be removed for serious offences including, rape, kidnapping and armed robbery
— Offenders who commit an offence while on bail, parole or undergoing sentencing for another crime, must prove exceptional circumstances to get bail
— Only a Judge or Magistrate can grant bail in crimes that met the exceptional circumstances category
— An offender on two cases of bail for indictable offences be refused bail
— More funding for Court Integrated Service Program
— Equip hub police stations with audio visual links to enable bail hearings
— Review the process of appeal by the DPP under the bail Act
— Victoria police review policies about information provided to bail decision makers
