The Victorian Government has passed new laws to strengthen our bail system. These laws change what people consider when they are making decisions about granting bail.
Some of these laws have already started. Others are waiting on work underway to increase capacity in our prisons and youth justice centres.
What is bail?
Bail is a mechanism to ensure a person who has been charged with an offence will:
- attend court
- not commit further offences, and
- not interfere with witnesses or evidence.
People charged with a criminal offence will only be granted bail if they do not pose an unacceptable risk of:
- serious reoffending
- endangering the safety or welfare of any other person, or
- obstructing the course of justice.
If a person is charged with a serious crime, they face an additional harder bail test, which requires the person to convince the bail decision maker that they should be granted bail.
People on bail must follow rules like reporting to police or staying at home during certain hours (curfew). If they don’t follow the rules, they can be arrested and held in custody.
If someone is not granted bail, they are remanded in custody. This means they must stay in either a prison or a youth justice facility while they wait for their court hearing or trial.
Bail applications are governed by the Bail Act 1977.
Protecting community safety
The new laws reinforce that community safety and the safety of people affected by crime are key considerations in whether a person is granted bail. They also remove the need to consider remand as a last resort for a child.
New laws for breaking bail rules
The new laws make it an offence to:
- commit a serious crime while on bail
- breach bail conditions, such as not reporting to police or missing curfew.
The penalty for these offences is 3 months imprisonment.
A person may be charged with the new offences, in addition to having their bail varied or revoked.
The new laws also streamline bail revocation processes. Police are now allowed to bring a person they have arrested for breaching bail conditions directly to court (instead of waiting for a bail justice).
More crimes to face the toughest bail tests
Additional serious high-harm crimes will soon face our toughest bail test.
Examples include:
- armed robbery
- aggravated burglary
- home invasion
- carjacking.
To be granted bail, people charged with these offences must demonstrate “exceptional circumstances” exist that justify their release on bail. This means that, for these types of crimes, bail will be harder to get – even on the first charge.
These laws will start no later than September 2025.
An expanded list of offences to face serious bail tests
The number of crimes facing more serious bail tests will soon be expanded to include:
- serious gun crimes
- serious arson
- offences involving the use of machetes
- stealing a car (if charged along with other offences such as conduct endangering life).
People charged with these offences will need to “show a compelling reason” that justifies their release on bail. This means that, for these crimes, bail will be harder to get than they were before.
These laws will start no later than September 2025.
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