The Victorian government will introduce new legislation to reform the Bail Act 1977, making it fairer for vulnerable people and those accused of low-level offences, while still taking a tough approach to those who pose a serious risk to the community.
The reforms will include:
- Abolishing the "double uplift" provision, which made it more difficult for people who had committed an offence while on bail to be granted bail for a new offence.
- Repealing the bail offences of "breaching bail conditions" and "committing further offences while on bail", which have been shown to disproportionately impact women, children and Aboriginal people.
- Introducing remand-prohibited offences, which will mean that people are not remanded in custody for offences that are unlikely to result in a prison sentence.
- Changing the rules on making a second bail application, so that people do not need to prove new facts and circumstances if their first application is denied.
- Implementing a presumption of bail for children, with exceptions for certain crimes such as terrorism and homicide offences.
- Requiring bail decision makers to record how they have considered specific, self-determined Aboriginal considerations when making a decision about bail for an Aboriginal person.