By Cam Lucadou-Wells
Legal-aid lawyers say toughened bail laws targeting violent crime may lead to less serious offenders being unfairly locked-up.
Victoria Legal Aid’s criminal law executive director Dan Nicholson said more people with “relatively minor offending” were being “escalated” to the higher bail categories.
“In these scenarios, the clients must demonstrate exceptional circumstances or compelling reasons to be granted bail, even when they are unlikely to face a term of imprisonment if found guilty.”
Mr Nicholson was particularly concerned about “vulnerable young people” spending time in custody and often in police cells for “multiple but not necessarily serious offences”.
The laws introduced on 21 May may lead to people pleading guilty to get out of custody, even when police evidence is incomplete or untested. It may lead to people landing needless criminal records.
“This can put our lawyers in a difficult position, especially when this is the first time they have seen the client (and) have had limited opportunity to examine the evidence and provide proper advice.”
It was too early to tell the impact on prisoner numbers in Dandenong police cells since the tighter laws, Mr Nicholson said.
But there was an overall increased demand across the justice system.
He warned if there was higher demand, it led to delays presenting people to court even via an audio-visual link.
A Victoria Police spokeswoman said Victoria Police supported the changes to strengthen the Bail Act and implements recommendations made in a review by Justice Paul Coghlan.
In announcing the bail laws in May 2017, the State Government stated that bail would be refused for serious violent and sexual offences such as aggravated home invasion and aggravated car jacking – except in exceptional circumstances.
The test also extends to those committing serious indictable offences on bail, summons, parole or under sentence.
Attorney-General Martin Pakula said at the time: “We’re overhauling our bail system to ensure that it’s harder for people accused of serious and violent crimes to get bail.”
