Criminal Justice Reform

Bailing Out A Broken Bail System

 

The new bail laws create the risk of injustice, particularly for low-level, repeat offenders. There needs to be a renewed emphasis on tackling the underlying causes of criminal offending and a clear recognition that many offenders are affected by such things as mental health disorders, unemployment, lack of education and homelessness.


Rather than locking up people charged with low-level offences minor and non-violent offences, the Victorian government should be funding programs that address the drivers of criminal offending. Our report into the urgent need for bail reform has now been released.

The report was written by RAP’s criminal justice team: Arabella Close, Asad Kasim-Khan, Erin Meeking, Kresta Lokumarambage and Sanduni De Silva.

  • Victoria's bail system is broken and needs bailing out.
  • There is urgent need for reform to Victoria's bail laws to ensure people who have been charged with minor or non-violent offences and pose a low risk to the community are not further criminalised by being denied bail.
  • Bail means a person who is charged with a criminal offence can be released into the community on the promise they will attend court at a later date. This is because in Victoria, everyone charged with a criminal offence is innocent until they are prov
  • As a result of the 2017-2018 changes to bail laws, the number of people detained in prisons in Victoria has continued to increase, with a disproportionate impact on women, Aboriginal and Torres Strait Islander people and people from culturally and li
  • mprisonment even for just a short time, means that women risk losing their children, their homes and their jobs.
  • Denial of bail can be especially punitive and perpetuate cycles of disadvantage, further driving future criminal behaviour, rather than supporting communities and addressing the longstanding issues that contribute to offending.
  • "Victoria's bail laws are not making us safer. What we are actually doing by funneling people into custody is making our community less safe because we are creating a cohort of people who are more likely to reoffend because of time in custody
  • Implement a single 'unacceptable risk' test for all offences. Amend section 1 of Schedule 2 of the Bail Act. Repeal secondary breaches of bail offences. Adopt a 'no real prospect test'. Develop guidelines on the application of section 3A of the Bail
  • t's time for the Victorian Government to change the rhetoric around crime, divert funds away from prisons and into early intervention and community programs and keep people out of the legal system.
  • Be informed: Read out report in full at rightsadvocacyproject.org. Spread awareness: share this thread. Take Action: Contact your local MP with out report recommendations. All our research is undertaken by our team of dedicated volunteers.