Bail Act Review

Project Status:

Tabled in parliament

Start Date:

01/11/2005

Tabled in Parliament Date:

10/10/2007

Project

The bail system in Victoria has an impact that reaches beyond the confines of the legislation and is a crucial element in the delivery of justice. For all this, the Bail Act 1977 had neither been reviewed nor updated since it came into operation in September 1977.

In November 2004, the Commission was asked to review the practice and law of the Bail Act 1977 (Vic). This followed the Commission’s community law reform inquiry into failure to appear in court in response to bail. In November 2005, the Commission released a consultation paper, a targeted booklet for victims of crime, and a call for submissions. Forty-nine submissions were subsequently received.

Tabled in Parliament on 10 October 2007, the Commission’s final report made 157 recommendations aimed at ensuring the Act functions simply, clearly and fairly. Major recommendations included:

  • the Bail Act be rewritten in plain English
  • removing the requirement in relation to some offences that a person must convince the court that they should get bail and making the sole test for bail whether the person poses an unacceptable risk to the community
  • a requirement that bail conditions be no more onerous than necessary and reasonable and are realistic taking into account the circumstances of the individual
  • greater consideration of the victims of crime.

To find out how the law changed, visit the Implementation page.

Voiced by Amazon Polly

Project Stage

  • Terms of reference received
  • Submissions and consultations
  • Submissions closed
  • Final Report
  • Tabled in parliament

Factsheet

Publications

Publication Date

10/10/2007