Minns to announce tough new bail laws after Molly Ticehurst death

Men accused of serious domestic violence offences will either be denied bail or be forced to wear an electronic monitoring bracelet under a major shakeup of the state’s bail laws likely to be introduced into parliament this week.

On Tuesday, the Minns government will announce a series of sweeping changes designed to make it harder for men accused of serious domestic violence offences to be released back into the community.

The changes come amid a public outcry over a string of high-profile alleged domestic violence offences, including the death of Forbes woman Molly Ticehurst last month.

At the centre of the package is a reversal of the presumption of bail against men accused of serious domestic violence offences, which includes intimate partner violence involving elements such as sexual assault, strangulation, kidnapping or coercive control.

NSW Premier Chris Minns will announce those kinds of offences will be subject to what is known as the “show cause” test, which requires an alleged offender to demonstrate why they should be let out into the community.

NSW Premier Chris Minns will announce major changes to make it harder for alleged offenders to be released from prison. Credit: Kate Geraghty

At the same time, the government will expand the use of electronic monitoring bracelets, requiring them to be fitted to those accused of serious domestic violence offences who are released on bail.

The package, signed off by the NSW Cabinet on Monday afternoon, is expected to be introduced into parliament this week before consultation with the crossbench.

Molly Ticehurst was allegedly murdered by her former partner.Credit: Sharni Tolhurst Photography

It will include changes that will allow bail decisions on serious domestic violence offences to be delayed while prosecutors appeal an offender’s release in the Supreme Court.

A requirement for magistrates and judges to consider “red flag” behaviour such as animal cruelty, stalking and verbal or physical abuse when considering bail will be introduced, while courts will need to consider the views of victims and their families.

The government will also make it easier to prosecute perpetrators who use tracking and surveillance devices to control victims.

Meanwhile, changes to weekend courts will ensure bail decisions are made by magistrates and not court registrars as in the case of Ticehurst’s alleged murderer Daniel Billings.

Minns said the expansion of the “show cause” test is designed to make it “more difficult for alleged domestic violence offenders to get bail”.

“Show cause” offences were introduced by the former Coalition government in 2013 and essentially revoke the presumption of bail. Instead, the onus is on those charged with the most serious offences to justify why they should be released.

The test currently applies to offences that carry a sentence of life imprisonment or other serious crimes such as sexual intercourse with a child.

Coupling it with an expanded electronic monitoring regime effectively means men accused of the most serious domestic violence offences will not be able to be in the community unwatched.

“These are long overdue, targeted and will help keep women and children safer,” Minns said.

The devices have been used for domestic violence offenders in NSW in a limited capacity since 2016, and a 2022 review by the Bureau of Crime Statistics and Research found they did lead to a reduction in re-offending.

Despite a push from the opposition for the government to expand their use, Minns last week played down the prospect, citing in part the resources needed to monitor offenders.

“It’s not just the upfront capital costs. You also need to ensure that you’ve got policing in place that can monitor and respond to a potential offender breaching their apprehended domestic violence order,” he said at the time.

“Is that me saying therefore, we can’t do anything? No.”

The changes come after the government last week announced a $230 million package aimed at funding increased domestic violence support and prevention. Minns has asked for a review from the NSW Crown Advocate of the current bail regime, but said he would not wait for those recommendations before pushing ahead with changes.

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