Business Blockbuster - Helpng business to be more visible on Google

Daily Bulletin

After Bourke St, Victoria should not rush in on bail reform

  • Written by: Rick Sarre, Professor of Law, University of South Australia
image

The horrifying event of last Friday in Melbourne’s CBD was yet another episode where a person used a vehicle as a weapon of destruction. It left five people, including a baby boy, dead. Another 30 people were injured, many seriously.

The alleged perpetrator, Dimitrious Gargasoulas, was revealed to be on bail in relation to another alleged offence six days before the attack, despite opposition from Victoria Police prosecutors. A bail justice (an out-of-hours volunteer honorary justice, like a justice of the peace) had granted Gargasoulas bail on January 14.

In response, Victorian Premier Daniel Andrews has announced that magistrates, rather than bail justices, will be exclusively deployed to hear bail applications in serious matters. Andrews has also directed the former director of public prosecutions, Paul Coghlan, to review Victoria’s bail system.

Does the bail justice system work?

Faced with cries to “do something” when a crisis erupts, governments, understandably, become risk-averse. So, it was quite predictable that the Andrews government’s first target in this case was the bail justice system. This uniquely Victorian initiative has drawn praise for more than two decades.

While one can sympathise with those who are calling for review and change, we need to exercise caution before overhauling the operation of bail laws on the basis of one, albeit horrendous and tragic, case.

The bail justice system is one of the reasons usually given to explain why Victorians continue to enjoy the lowest remand-in-custody rates in Australia.

There is no evidence that that achievement has compromised safety for Victorians generally. Moreover, police officers actually make 90% of bail decisions; magistrates or bail justices are only called in to adjudicate in the event of police denying bail.

There is also no reason to suspect that a magistrate would not have reached the same bail conclusion as the bail justice did in relation to Gargasoulas on January 14.

Denying bail fills our prisons

The denial of bail is also a significant factor in the seemingly unstoppable rise in Australia’s prisoner numbers.

There was yet another significant rise in numbers last year. In the September quarter of 2016, the average number of full-time prisoners was 38,998. Of these, 32% (12,332) were unsentenced – that is, denied bail.

This takes Australia, for the first time in its modern history, out of the 15-30% range – which includes, for example, the UK, the US, Canada, Russia, Israel, Poland, New Zealand and Germany – and puts it into the 30-50% range found in Brazil, Thailand, Papua New Guinea, France, Kenya and Mexico.

The number of unsentenced prisoners in Australia increased by 22% from 2015 to 2016. This followed a 21% increase from 2014 to 2015. Over the last five years, unsentenced prisoner numbers in Australia have increased 81%. The trend is financially and socially irresponsible and unsustainable.

Australians need to be a little more forgiving regarding the decisions of bail authorities when their decisions turn out to be ill-fated. Thousands of accused persons are granted bail each year over police objections with few adverse consequences.

Australia needs to be very careful not to allow the bail system – whether it is overseen by magistrates or lay justices – to become a political scapegoat at the hands of commentators exercising 20/20 hindsight.

Finally, we must be very careful not to rush to judgement and pretend that by tightening certain justice processes the problem will go away. Simply putting (and keeping) behind bars for months at a time everyone whom someone has deemed to be a risk to their family’s safety, their own safety or public safety is not the answer.

Authors: Rick Sarre, Professor of Law, University of South Australia

Read more http://theconversation.com/after-bourke-st-victoria-should-not-rush-in-on-bail-reform-71697

Business News

The Growing Demand for Durable Plastic Packaging Supplies Across Australia

Why Do Australian Businesses Need Reliable Plastic Packaging Supplies? Businesses need packaging that can withstand everyday handling, storage, and distribution without creating avoidable delays. Pla...

Daily Bulletin - avatar Daily Bulletin

Office Cleaning Melbourne: Choosing the Right Scope for Your Office

A well-planned office cleaning Melbourne arrangement starts with a clear understanding of the premises and the people who use it. An office may include private work areas, shared desks, reception, mee...

Daily Bulletin - avatar Daily Bulletin

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

The Blossoming World of Fresh Flower Delivery: An In-Depth Exploration

In recent years, the demand for fresh flower delivery in Sydney has soared, driven in part by the ...

How Penrith SMEs Can Keep Stock and Equipment Working for the Business

For Penrith SMEs in 2026, efficient inventory starts with reliable stock data: what is on hand, wher...

Cybersecurity Services and Solutions for Complete Digital Protection

Businesses leverage Cybersecurity solutions for protection against digital threats of the modern era...

What Australian Entrepreneurs Should Know About Streamlining Their Financial Processes

Running a small business in Australia demands much more than just delivering a great product or serv...

Supporting Joint Health in Young and Growing Horses

Anyone who has raised a foal through to a rising three-year-old knows how deceptively fast the gro...

Why Is My Switchboard Buzzing? What a Humming Breaker Is Telling You

Most people never hear their switchboard. It sits quietly in a cupboard, a hallway or a meter box ou...

Solar Panels Geelong: Key Factors to Consider Before Installation

Solar power can help households and businesses generate electricity on site, but the value of a syst...

How Rats and Mice Get Into Homes Through Gaps Most People Miss

Rats and mice do not need an open door to get inside a home. They can squeeze through small openings...

Why a Safety Certified I/O Module Matters in Machine Design

Understanding Safety-Related I/O A safety certified I/O module is designed for use within an arch...