JavaScript is required

Review and amend bail processes in family violence matters

Recommendation 080


Who is leading the change

Department of Justice and Community Safety

The Victorian Government take the following action:

  • encourage bail decision makers to seek, and prosecutors to provide, information on relevant risks of family violence in relation to a bail application
  • whether by amendment to the Bail Act 1977 (Vic) or by other means, provide that before setting or amending bail conditions, a bail decision maker must consider:
    • whether there is a family violence safety notice or family violence intervention order in place. If so, the decision maker should ensure that the bail conditions are compatible with the notice or order conditions, unless to do so would pose a risk to the victim and/or protected person
    • in matters relating to family violence, whether there is a risk of family violence that could be managed by appropriate bail conditions or a family violence intervention order, or both
  • add an avoidance of doubt provision in section 4 of the Bail Act to state that an unacceptable risk of committing an offence or endangering the safety or welfare of the public may include an unacceptable risk of perpetrating family violence whilst on bail
  • enact legislation to ensure that, if a warrant for the arrest of an accused is issued, bail conditions continue to operate until the arrest warrant is executed and the person is brought before the court