Bail laws in need of rewrite
23 November 2005
Rewriting bail laws in plain English may lead to a better understanding of the law and more consistent decision making, according to Victorian Law Reform Commission Chairperson Professor Marcia Neave.
The commission released its Review of the Bail Act Consultation Paper today, calling for public submissions on issues raised in the paper as well as any other problems people have encountered.
We put the entire Act under the microscope to see what needs to be retained, what needs to be changed and what needs to go,” Professor Neave said.
“One of the most common problems raised during our initial consultations was that the Act was very difficult to understand and needed to be rewritten.
“Considering that many bail decisions are made by police and bail justices— who don’t have legal training— it is essential that the law be clearly written and easy to understand.
“Some of the problems with current bail decision making may be eliminated by redrafting the Act.
“We found that some bail decision makers were confused by the current ’tests’ for bail, that is, what needed to be proved or shown before bail can be granted.
“The opportunities for victims of crime to be heard in the bail process are also considered. We have published a booklet for victims that asks them what they think of the system. Are they happy with the information they received during the bail process and the opportunities to have their views heard?
“We are distributing this booklet through the Victims Support Agency, which oversees counselling for victims of crime, as well as our own offices.”