Judicial source says police are taking the view that ‘the accused will get bail anyway so there’s no point remanding them’

Accused rapists and other serious criminals are being released on summons by police because of concerns weakened bail laws are making it too hard to lock them up.

Police are attempting to ­remand fewer accused criminals, including alleged rapists, because weakened bail laws make it too hard to hold them behind bars, sources say.

Senior judicial sources have revealed that instead of hauling serious alleged criminals before a magistrate for bail hearings after they are charged, police instead are ­releasing them on summons.

While a spokesman for the force said they were unaware of such a trend, a judicial source told the Herald Sun police were increasingly taking the view that because of the changes to the law, “the accused will get bail anyway so there’s no point remanding them (holding them in custody)”.

“The Office of Public Prosecutions, who end up prosecuting these matters, are asking for the summons to be revoked and the accused placed on remand,” the source said.

Police say Victoria’s weakened bail laws are making it too hard to lock up accused criminals. Picture David Crosling

“But magistrates are taking the view that if the investigating officer didn’t see fit to bring them before the court and oppose bail, why should they?”

Another senior justice source said the recent appearance of an accused triple rapist on bail surprised court officials.

In March, Victoria’s bail laws were relaxed five years after they were toughened in the wake of the Bourke St tragedy.

As part of a suite of reforms the offences of “breaching bail conditions” and “committing further offences while on bail” were scrapped.

More relaxed bail tests were introduced to keep low-level offenders out of jail, while the definition of “unacceptable risk” was altered to exclude the potential risk of minor offending as a reason to refuse bail unless there was a risk to personal safety or welfare.

Offenders can now also reapply for bail after a failed first attempt without having to show new facts and circumstances. The changes were intended to address concerns that the previous laws disproportionately affected women, Aboriginals and children.

Earlier this month an Indigenous woman with a 15-year history of offending received bail because of the reforms despite police opposition.

The woman was charged with a burglary during which seven firearms, $470,000 in cash and gold nuggets, gems and jewellery were stolen.

She was on bail at the time of the alleged crime and police argued she remained a significant risk to the community.

However, citing the new law, Justice Rita Incerti granted the woman bail despite a common feature of her history being “breaching of court orders”.

“A large part of these reforms was a focus on the Aboriginality of the applicant, requiring the court to pay particular attention to this aspect of an applicant’s cultural identity,” she said.

At a subsequent hearing Justice Incerti found that without the reforms, the woman would have been arrested and probably remanded in custody after being released on bail because of her subsequent behaviour.

Opposition spokesman Michael O’Brien has long campaigned against the watering down of Victoria’s bail laws.

“Jacinta Allan’s weakened bail laws only started in March but are already making Victorians less safe,” he said.

A government spokeswoman said neither Victoria Police nor the OPP had raised concerns. “We have the toughest bail laws in the country for serious offending,” she said.

A Victoria Police spokesman said there were various reasons why police elected to issue a summons instead of placing an accused person on bail.

“Victoria Police is committed to enhancing community safety, and will continue to arrest offenders and put them before the courts,” he said.