Tough new NSW bail laws to combat violence against women

The sweeping new laws follows outrage over the alleged murder of Forbes mother Molly Ticehurst, whose ex-partner was given bail despite being charged with sexually assaulting her.

NSW Premier Chris Minns. Picture: NCA NewsWire / Gaye Gerard

The presumption of bail for high-risk domestic violence offences will be reversed under sweeping new laws to be introduced in NSW, after Premier Chris Minns conceded that violence against women “represents an absolute emergency” in the state.

The move follows widespread outrage over the alleged murder last month of 28-year-old Forbes mother Molly Ticehurst, whose ex-partner had been granted bail two weeks earlier despite being charged with sexually assaulting her.

The reforms will expand the category of “show cause” offences, which require alleged offenders to show why they should be let out into the community.

These will include offences committed by intimate partners, including sexual assault, strangulation with intent to commit another offence and kidnapping, with a maximum penalty of 14 or more years jail; and offences of coercive control, which will become law from July 1.

Any person charged with serious domestic violence who is on bail will be required to wear an ankle bracelet or other forms of electronic monitoring.

The government had previously expressed caution about electronic monitoring, saying there was evidence it was ineffective in some cases and that police would need to have the resources to act in the event of a breach.

The categories of offences for which bail decisions can be “stayed” will be expanded, meaning the accused person remains in custody while prosecutors challenge their release in the Supreme Court.

Molly Ticehurst. Picture: Facebook

Currently, a stay of release can be made only for a “serious offence”, which includes murder, sexual offences against children and any offence that carries a sentence of life imprisonment. It does not include sexual assault offences against adults or any other form of assault.

Magistrates and other bail decision-makers will have to consider “red flags” such as stalking and intimidation, behaviour that is physically, verbally or sexually abusive or violent and behaviour that causes death or injury to an animal.

The decision-maker will have to consider the views of victims and their family members, where possible, about safety concerns for all domestic violence offences.

The new laws will also make it easier to prosecute perpetrators who use tracking and surveillance devices as a tactic to maintain control over their victim.

There will be changes to weekend bail courts across NSW, to ensure bail decisions are made by magistrates instead of a local court registrar, even if it is by audio visual link.

On weekends and in regional communities, many bail decisions fall to court registrars who are legally trained court staff but often do not have the same legal qualifications as a magistrate.

It was a registrar who signed off on bail for Daniel Billings, Molly’s alleged killer, who was on bail for serious alleged offences, including sexually assaulting her.

Following a public outcry over the revelations, Mr Minns ordered an urgent review into the adequacy of bail laws from Crown Advocate David Kell SC.

“The system clearly let down Molly,” Mr Minns said.

“There are serious questions for the government to answer as to how the alleged offender was out on bail,” he said.

“We want to make sure that members of the judiciary wherever possible are the ones making those decisions, and bearing the responsibility of course of those decisions,” he said.

“The death of these women, often at the hands of a family member, is escalating and horrifying to the people of NSW.”

Mr Minns said the reforms would make it more difficult for alleged domestic violence offenders to get bail.