The “last resort” principle for juvenile offenders is expected to be removed, and more stringent bail tests will be introduced for serious and repeated offenders.
The Victorian government has introduced a new bail law for sweeps designed to reduce reattacks and improve community safety.
The “stough bail laws ever” are set to overhaul the state’s bail decision process.
Under the new law, the principle of “last resort” for juvenile offenders will be removed.
Previously, young people could only be detained if other options were not feasible. Now, the new laws increase the likelihood of detention for people facing serious charges.
“I listened and acted. The strict bail laws shake the system. Above all, it’s the result of community safety, the strictest bail laws ever, and breaking rules,” Prime Minister Jacinta Alan said.
Raise the bar
The new law introduces stricter bail tests for those accused of serious crimes. The bail process includes stricter standards based on the severity of the crime.
Those accused of manslaughter must provide “persuasive reasons” to be granted bail. For those charged with murder or aggravated carjacking, the threshold is even higher. They need to prove “exceptional circumstances” to secure bail.
Related Stories
Many crimes that were not previously subject to strict bail tests face even more scrutiny, including serious gun crimes, arson and violent knife crimes such as machete attacks.
Non-expanded home intrusions and carjacking face more stringent bail tests, making it difficult for criminals to secure releases.
Clamoring repeat criminals
One of the boldest measures is a new bail test aimed at repeat offenders. Anyone who is already bailed for a similar serious crime should demonstrate a “high probability” in which they will not re-offend.
The measure, similar to the recent law introduced in New South Wales, is designed to target habitual offenders.
“These laws are targeted at the risk of young people committing serious crimes while releasing bail,” said Attorney General Sonya Kilkenny.
The government is also focusing on increasing accountability for criminals who violate bail terms.
The new offence of “committing a crime that can be prosecuted while on bail” applies to anyone who commits a second crime that can be prosecuted while on bail.
This will trigger a much more rigorous bail test for repeated offenders, and it will need to prove “persuasive reasons” for the release.
Additionally, violating bail terms such as missing curfew or failing to report is classified as a general crime (minor violation) and ensures quick consequences for those who fail to comply.
A surge in crime drives change
Victoria is tackling a massive increase in crime. Police data for the year up to September 2024 revealed 578,762 crimes, an increase of 13.4% from the previous year.
This includes the record 68,042 thefts from cars, including over 24,000 stolen number plates and power tools as top targets. It will greatly contribute to the sudden increase in property crime.
Retail theft rose 36.6% due to inflation and livelihood pressure.
Important items stolen include CBD in Melbourne and food and alcohol that hotspots were identified at St. Albans.
With rising crime rates, the new law is seen as an important step in addressing public safety concerns.
Opposition support new laws
Opposition parties have expressed support for the new law, but they criticize delayed action.
Opposition leader Brad Batin said, “After years of denying the issue, Prime Minister Jacinta Alan has finally admitted that weakening workers’ bail laws put community safety at risk.”
Batin attributes the rise in violent crimes to the government’s previous stance on the bail law.
“Under labour, violent criminals roamed the streets, broke into their homes, terrorizing innocent Victorians.
Opposition parties believe that the government’s new stance, although slow, requires policy change.
Government’s broader crime strategies
In addition to the new bail law, the government has introduced measures aimed at addressing the root causes of crime.
These include wage increases to help frontline police officers recruit and retain. Additionally, electronic surveillance will be introduced for younger offenders, along with more intensive bail supervision.
The government is also committed to creating more routes for younger offenders to secure employment and undergoing rehabilitation, aiming to prevent future crimes without sacrificing them.
