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VLRC recommends bail overhaul
10 October 2007
Bail laws would be rewritten in plain English and the decision-making process streamlined in an overhaul of the Bail Act recommended in a new Law Reform Commission report.
The Review of the Bail Act Final Report was tabled in parliament today, and contains 157 recommendations to improve the law.
The commission was asked to review the Act to ensure it functions simply, clearly and fairly, and it upholds the presumption of innocence, protects the public and victims, and quickly resolves detention
issues.
“Everyone agrees on the need to rewrite the Bail Act in plain English and simplify its structure,” Victorian Law Reform Commission Chairperson Professor Neil Rees said.
“More than nine in ten bail decisions are made by police and bail justices so it’s essential that the people applying the law and the people affected by it clearly understand what’s going on,” Professor Rees said.
“Police currently arrest about half the people accused of committing offences; the other half receive a summons to attend court. Police receive little direction about whether to arrest and charge someone, which then requires a bail decision, or issue a summons. We’ve recommended Victoria Police develops clear guidelines to help officers make this decision.
“We’ve also recommended a more straightforward process to decide whether someone should be released on bail or remanded in custody.
“We currently have a number of ‘tests’ for bail, depending on what charge a person faces. Decision makers told us in practice, however, that the test that really matters is whether or not the person would be an unacceptable risk if returned to the community.
“Under our recommendations the bail decision maker will be able to concentrate on the key questions of whether the person will: turn up in court; offend while on bail; pose a risk to victims; or pose a risk to witnesses or the legal process.
“Streamlining the decision-making process should make bail hearings quicker and clearer. We don’t believe it will lead to more people being granted bail or being remanded.
“We have strengthened the position of victims of crime by requiring decision makers to consider victims’ safety and welfare when deciding bail. We have also recommended that victims of crimes against the person be told about the outcomes of bail hearings and any conditions imposed on accused people that are designed to protect them,” Professor Rees said.