Review of the Bail Act: Terms of Reference

To review the provisions of the Bail Act 1977 and its practical operation in order to ensure that it is consistent with the overall objectives of the criminal justice system including:

  • the presumption of innocence;
  • the protection of the public, including the victims of crime;
  • the speedy resolution of issues concerning a person's detention; and
  • the presumption in section 4 of the Bail Act that a person accused of an offence should normally be granted bail, except in circumstances specified in the legislation.

To make recommendations for any procedural, administrative and legislative changes which may be necessary to ensure that the bail system functions simply, clearly and fairly.

In conducting the review the Victorian Law Reform Commission should have regard to:

  • the themes and principles outlined in the Attorney-General's Justice Statement (May 2004);
  • the over-representation of Indigenous Australians held on remand;
  • the possibility of providing alternatives to incarceration for defendants who would not otherwise be granted bail;
  • the intersection of the Bail Act and the Children and Young Person's Act 1989;
  • Report No. 50 of the Law Reform Commission of Victoria, Review of the Bail Act 1977, which was completed in October 1992; and
  • the needs of marginalised and disadvantaged groups, including Indigenous Australians and the impact of the bail system on people in those groups.
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