Victoria has introduced key changes to the Bail Act 1977, with a heightened focus on community safety. The first tranche of changes started on 26 March 2025, with other reforms expected in the coming months. These changes affect multiple aspects of the bail system in Victoria.
New Laws Focused on Community Safety
The main theme of the reforms is the prioritisation of ‘community safety’ in all bail decisions. This principle empowers decision-makers to consider the potential risks when granting bail.
New Offences
Committing an indictable offence while on bail or breaching a bail condition, such as missing a curfew, now carries a maximum penalty of 3 months imprisonment (in addition to any other sentence) or 30 penalty units. Decision-makers can use these offences as a reason to refuse bail.
Tougher Bail Tests
Tougher bail tests now apply to serious offences, including home invasion, armed robbery, aggravated burglary, and carjacking. Authorities will also expand the types of crimes that trigger stricter bail tests. For certain high-risk offences, the accused must demonstrate ‘compelling reasons’ or ‘exceptional circumstances’ to justify bail. This places the responsibility on the accused to convince the decision-maker to grant release.
Removing ‘Remand as a Last Resort’ for Children
The reforms remove the ‘remand as a last resort’ principle for children. Previously, the Children, Youth and Families Act 2005 required that children be remanded in custody only as a last resort and for the shortest time. The Act still prioritises child welfare, but the explicit ‘last resort’ requirement no longer applies.
Decisions about bail for children will now give greater weight to community safety, alongside the child’s welfare. This may increase the number of children remanded in certain cases.
What This Means for Those Facing the Criminal Justice System
These changes create a more challenging environment for individuals seeking bail, especially for serious offences or repeat offenders. Key considerations include:
- Proactive legal advice is more critical than ever: If you or someone you know faces criminal charges, seek immediate legal advice. An experienced criminal lawyer can review your case, determine which bail test applies, and strategically prepare your application to improve your chances.
- Emphasis on mitigation and support: Demonstrating ‘compelling reasons’ or ‘exceptional circumstances’ requires showing mitigating factors, such as strong community ties, stable living arrangements, and support plans for rehabilitation, mental health, or education/employment.
- Understanding and adhering to bail conditions: Breaching bail conditions is now a criminal offence. Even minor breaches can have serious consequences, including refusal of future bail.
Conclusion
The bail system safeguards the presumption of innocence and prevents unnecessary loss of liberty. Changes to Victoria’s bail laws are already underway, and others will follow. Staying informed is essential for anyone facing the criminal justice system.
This is general information only and does not constitute legal advice. You should obtain professional advice relevant to your circumstances. If you or someone you know wants more information or help, please call 0450 803 822 or email ma***@*****************om.au.