‘Backwards and archaic’: Victoria ditches plans to give children presumption of bail

Victoria has ditched plans to give children the presumption of bail – the state government’s second U-turn on the youth justice reform in months – and will trial electronic monitoring bracelets instead.

The government committed last year to winding back bail laws that landed vulnerable people in prison for minor crimes they had not yet been found guilty of – in a reform a Victorian coroner called for – but then delayed changes specifically designed to reduce the number of children remanded behind bars.

Attorney-General Jaclyn Symes.Credit: Jason South

At the time, Attorney-General Jaclyn Symes said she did not want to create a debate about “a youth crime crisis that doesn’t exist” and said the government would still remove the “reverse onus test” for children in almost all cases under a separate youth justice bill due to be introduced this year.

But on Wednesday, Symes announced the government had dumped the policy, which incensed Aboriginal law and human rights advocates.

Under the reverse onus test, people accused of a wide range of offences have to prove “compelling reasons” and “exceptional circumstances” to be granted bail.

Symes said young people were already demonstrating they should be released on bail.

“They’re already passing those tests. That is what I’m hearing is happening in practice. Therefore, if that’s what’s happening in practice, changing it and creating concern that we are weakening bail – when it’s not necessarily the case – is not something that we need to do,” Symes said.

“I haven’t been convinced that the case has been mounted to make a change that will have any significant impact.”

The Victorian Aboriginal Legal Service said the government had betrayed Aboriginal children in a “backwards and archaic” step that ignored the truth-telling Yoorrook Justice Commission.

The legal service said it had been negotiating with the government in good faith for five years.

An ankle monitor bracelet.Credit: Brendan Esposito

The service’s chief executive, Nerita Waight, questioned how Victoria could walk down the path of a treaty with a government “so willing to walk away from their commitments”.

“Jacinta Allan is developing a terrible track record as premier already when it comes to law reform,” Waight said.

“At every turn, she has picked the meanest and most punitive policy, whether it’s punitive parole laws or electronic monitoring; the premier seems intent on making Victoria a penal colony once again.”

Waight said electronic monitoring had been tried and failed, and would deprive young people of their liberty without their having being found guilty of a crime.

The government said a small number of repeat offenders were driving an increase in serious offences committed by young people.

Police Association of Victoria chief executive Wayne Gatt welcomed the announcement as a positive step forward to support officers, but said electronic monitoring wouldn’t be the panacea for youth offending.

“It’s right and appropriate that the government responds with measures like this,” Gatt said.

“What’s the worst that can happen, it doesn’t work. What if we do nothing? It’s not working now, so why wouldn’t you give it a go?

Police Association Victoria secretary Wayne Gatt welcomed the move.Credit: Wayne Taylor

“We’d rather not lock them up, we’d rather look them up, and this technology will help us do that.”

Shadow attorney-general Michael O’Brien said youth offenders would not be deterred by ankle bracelets and the government should be going further.

“I don’t think that somebody who’s game enough to break into your house at night, armed with a machete, is going to be worried about one of Jacinta Allan’s ankle bracelets,” O’Brien said.

“I don’t think they’ll be scaring young offenders. I think they’ll be wearing them like a badge of honour. They’re more likely to be swapping them like Taylor Swift friendship bracelets.”

Shadow attorney-general Michael O’Brien hit out at the announcement.Credit: Eddie Jim

Human Rights Law Centre managing lawyer Monique Hurley described the government’s U-turn on bail as gutless.

“While shackling children with electronic monitoring devices might score cheap political points, they don’t prevent crime. All the intrusive technology will do is expand the walls of youth prisons into children’s homes and communities, further stigmatising children and setting them up to fail,” Hurley said.

The Greens said trialling electronic monitoring was inhumane and claimed the government was letting police write justice policy.

Victoria Legal Aid, the Federation of Community Legal Centres, Australian Lawyers Alliance and the Law Institute of Victoria also came out against the government’s position on Wednesday.

The trial would mean 50 young people being fitted with electronic monitoring ankle bracelets as a bail condition through the courts. The bracelets will alert police if conditions such as curfews are broken.

The youth justice bill will be introduced to parliament later in the year, and will still include the first stage of raising the age of criminal responsibility to 12.