Bail laws tighten for terrorism offences

News Date: 
11/09/2018

Those charged with terrorism offences or who have terrorism records will face new bail restrictions when the Justice Legislation Amendment (Terrorism) Act 2018 commences on 1 October 2018.

This third round of changes to Victoria’s bail laws feature:

  • New ‘exceptional circumstances’ offences - any person charged with a Schedule 2 offence who has a terrorism record, or who the court considers may pose a terrorism risk.  
  • New ‘compelling reason’ offences – any person with a terrorism record or who the court considers may pose a terrorism risk.  
  • Limits on who can grant bail – only courts can grant bail where the person is charged with a terrorism offence, has a terrorism record, or if the prosecution alleges that the person poses a terrorism risk.  
  • Restrictions on who can grant bail - in the vast majority of cases, only a court can grant bail for a person charged with a Schedule 1 offence.

The Amending Act also introduces a significant drafting change – Item 3 of Schedule 1, which previously elevated the applicable test where a person is charged with a Schedule 2 offence and is already on bail, summons, at large, on parole or on another sentence, is moved to s 4AA(2) of the Act.

This updated bail flowchart reflects all three rounds of changes introduced this year.


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