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More fairness and efficiency in Bail Act review
Date : 20 Dec 2007
On 10 October 2007, the Victorian Law Reform Commission released its Review of the Bail Act Final Report. The report makes 157 wide-ranging recommendations that are mostly consistent with the submissions VLA made to the review.
Some of the major proposed reforms include:
- rewriting and restructuring the Bail Act to make it easier to read and use
- removing ‘reverse onus’ offences, so that all bail decisions are made on the basis of ‘unacceptable risk’
- allowing Victoria Police to grant bail even if a court is open
- requiring all bail decisions-makers (including Victoria Police and bail justices) to provide written reasons when bail is not granted
- allowing people to re-apply for bail even if they were legally represented at the first attempt, without having to show ‘new facts and circumstances’
- recommending that Victoria Police adopt a policy to issue a caution or summons to children rather than arrest them, unless there is a good reason to arrest.
VLA believes that many of the VLRC recommendations would improve the fairness and efficiency of the bail system. VLA is writing to the Attorney-General to encourage their implementation.