Bail In Victoria
The Victorian Government will introduce new legislation to reform the Bail Act 1977, making it fairer for vulnerable people and those accused of low level offences. The reforms are due to take effect on 25 March 2024.
The reforms will include:
- Abolishing the “double uplift” provision, which made it more difficult for people who had committed an offence while on bail to be granted bail for a new offence.
- Repealing the bail offences of “breaching bail conditions” and “committing further offences while on bail”, which have been shown to disproportionately impact women, children and Aboriginal people.
- Introducing remand-prohibited offences, which will mean that people are not remanded in custody for offences that are unlikely to result in a prison sentence.
- Changing the rules on making a second bail application, so that people do not need to prove new facts and circumstances if their first application is denied.
- Implementing a presumption of bail for children, with exceptions for certain crimes such as terrorism and homicide offences.
- Requiring bail decision makers to record how they have considered specific, self-determined Aboriginal considerations when making a decision about bail for an Aboriginal person.
We will provide an update following the new bail laws being introduced.
