The Victorian Government has recently amended the Bail Act 1977 (Vic), which governs how bail decisions are made in the state of Victoria. These changes are significant, especially in how they affect bail for children charged with serious and repeated criminal offending. This article updates our previous blog on bail changes. The amendments outlined below will come into force in the coming months.
Community Safety
A new ‘Guiding Principle has been inserted into under the Act (section 1AA) and provides: “The parliament recognises the overarching importance of maximising, to the greatest extent possible, the safety of the community and persons affected by crime”. While community safety has always been a factor, it is clearly now given more weight in the decision-making process.
Remand as a last resort repealed
The previous principle in the Bail Act that remand for children should be a last resort has been removed. This was based on the idea that children should be kept out of custody if possible, focusing on rehabilitation. However, under the new law, community safety is now the primary concern, even when it comes to children.
Impact on Juvenile Offenders: This makes it more difficult to argue against remand in cases involving minors, particularly where there is concern for public safety. The court will now place greater emphasis on whether releasing the child would put the community at risk.
Bail Offences Reinstated
Previous bail offences that were repealed under previous Bail Act amendments have been reintroduced:
Committing an Indictable Offence on Bail
Breach of Bail Conditions: (new summary offence under the Summary Offences Act 1966 (Vic).
The penalties for each offence are 30 penalty units or 3 months imprisonment. Implications for Bail.
Tougher Bail Tests for Serious Offences
Exceptional Circumstances Test – new offences added.
Additional Schedule 1 offendes have been added, namely: aggravated burglary, home invasion, and carjacking.
Repeated offending where a Schedule 2 offence applies also elevates a person arrested into an exceptional test for the purpose of a bail application.
Compelling reason test – additional offences added to Schedule 2
Similarly, other serious offences like using firearms to resist arrest, stealing motor vehicles, and endangering public safety (e.g., reckless driving) are now included in Schedule 2 of the Bail Act.
Summary of Changes
The recent amendments to the Bail Act 1977 (VIC) highlight key shifts in how bail is decided, with a stronger focus on community safety and stricter conditions for serious offenders. The changes to Victoria’s ail laws in summary are:
Stricter bail tests : Defendants charged with serious offences (like aggravated burglary or carjacking) now face stricter exceptional circumstances tests to secure bail. This makes it harder for these individuals to get released.
Repeat Offenders Are Targeted: People with prior convictions for serious crimes (e.g., theft, firearm use) must show exceptional circumstances to be granted bail, making it tougher for repeat offenders to be released.
Tougher Penalties for Bail Breaches: Bail conditions must be strictly followed. Even minor violations could lead to remand or penalties, such as fines or imprisonment.
Streamlined Process for Bail Revocation: The process for revoking bail has been sped up, allowing police to bring someone directly to court if they breach bail, reducing delays
