Allan government faces mounting pressure to overhaul bail laws

Two weeks before he was axed as top cop, Shane Patton was lobbying for tougher bail laws. Read Mr Patton’s proposal and sign our petition to fix the broken laws.

Former Victoria Police chief commissioner Shane Patton lobbied the Allan government to adopt a seven-point plan to fix the state’s failed bail system about two weeks before he was axed.

The Herald Sun can reveal the key plank of the plan was to limit accused offenders to a maximum three sets of bail ­before they be remanded in custody.

But whistleblowers say the then-chief was told by a senior official that the government did not have enough cash or prison beds to implement the proposal.

The revelation comes as the government faces mounting pressure to overhaul bail laws, with accused repeat offenders being released into the community up to 55 times and the Herald Sun’s Suburbs Under Siege campaign highlighting the rampant crime in Victoria.

Sources have also revealed that both former premier Daniel Andrews and his successor Jacinta Allan were warned by police top brass that crime rates would soar if they ­watered down bail laws in 2023, but they were ­ignored.

“The chief commissioner (Patton) told him if you make these changes, crime will go through the roof,’’ a source said.

“He (Dan Andrews) basically just stuck to his guns.”

Jacinta Allan and Daniel Andrews were warned that crime would go through the roof. Picture: Valeriu Campan

In November 2023, the government removed a clause in the Bail Act surrounding the “unacceptable risk test’’ – passed by parliament after Mr Andrews had resigned and Ms Allan was sworn in as premier.

Under the clause, a “bail decision maker” could refuse bail if they were satisfied the ­accused would “commit an ­offence while on bail”.

Senior police, who have spoken on condition of anonymity, have revealed that Mr Patton and former deputy commissioner Neil Paterson pushed back on several government law reforms, including bail laws.

Shane Patton lobbied the Allan government to adopt a seven-point plan to fix the state’s failed bail system. Picture: David Crosling

Both Mr Patton and Mr Paterson were told their contracts would not be renewed in February.

The seven-point plan hatched by top brass in Victoria Police was presented by Mr Patton to the government as an attempt to prioritise public safety.

The plan proposes:

• A MAXIMUM of three sets of bail, then remand;

• ACCUSED offenders must show “exceptional circumstances” to remain free after three sets of bail.

• ACCUSED offenders who re-apply for bail must provide new facts and circumstances.

• BAIL decision-makers lessen the reliance on how strong (or weak) the prosecution case is, especially at initial bail hearings;

• THERE should always be an independent assessment of “doli incapax” – a child’s understanding of right and wrong;

• ARSON should be covered in the Bail Act; and

• FIREARMS offences must be added to the Bail Act.

The seven-point plan was presented as an attempt to prioritise public safety.

The Herald Sun has been told Victoria Police’s submission to the government was viewed as being “implausible” although it is still under review.

The proposal was submitted to Justice Department secretary Kate Houghton, though it is understood it was shown to Ms Allan and Police Minister Anthony Carbines.

Sources say Ms Houghton “pushed back” on the seven-point plan, citing a lack of prison beds and its cost.

Since the 2023 changes to bail laws, recidivist offenders, particularly youth offenders, have been released back into the community despite breaching bail up to 54 times.

The reform came in the wake of Aboriginal woman Veronica Nelson being denied bail and dying while on ­remand at the Dame Phyllis Frost Centre.

Ms Nelson, 37, died on January 2, 2020, three days after being arrested for shoplifting and being refused bail.

Since that overhaul three further amendments have been made to the Bail Act, with Ms Allan announcing the most recent bail review in February this year.

Bail laws had been tightened after Bourke St killer James Gargasoulas killed six people in a CBD car rampage in January 2017, before being wound back again in 2023.

The weakening of the laws was designed to reduce the number of people ­accused of low-level offending, particularly women, being remanded.

The reforms also repealed the charge of committing an offence while on bail.

Asked about the seven-point plan, a government spokesman said it was working with police and the Justice Department on soon-to-be ­announced “strengthened” bail laws.

“The behaviour we’re seeing from repeat young offenders is appalling and our thoughts are with all crime victims,” the spokesman said.

“It’s unacceptable that there are still too many Victorians who don’t feel safe.

“Our laws need to change and the Premier has been clear that nothing is off the table.”

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Originally published as Allan government faces mounting pressure to overhaul bail laws