Important Bail Updates

News Date: 

The College has updated its Key Bail Act Cases to reflect significant developments under the 2018 reforms, including:

- Re JM [2019] VSC 156 where the court said that its earlier observations in Re JO about the ‘special status’ of children and the ‘exceptional circumstances’ test apply equally to the ‘compelling reason’ test. Therefore, showing a compelling reason exists to justify the grant of bail is different in the case of a child compared to an adult.

- Re LT [2019] VSC 143 where the court, in considering the Bail Act 1977 s 3A, ruled there were ‘exceptional circumstances’ in a young Aboriginal offender’s need to be supported to explore her heritage and strengthen family bonds, rather than have that opportunity disrupted by time on remand.

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The Judicial Officers Information Network (JOIN) is an online resource for judicial officers and their support staff. JOIN ensures judicial officers have access to legislation, judgments, publications including benchbooks and manuals, sentencing statistics and legal reference material.

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