Daily Bulletin

Men's Weekly

.

  • 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

Automotive Expert, Raffy Sgroi, Warns: Australia is Building Snowflakes in the Desert with EV Policy

With the National Electric Vehicle Strategy due for a comprehensive review during 2026, automotive expert and senior government advisor, Raffy Sgroi, warns that Australia is rushing electric vehic...

Daily Bulletin - avatar Daily Bulletin

China Gold Coin Group Launched 2026 Chinese Dragon Silver Bullion Coin at World Money Fair in Berlin

China Gold Coin Group Co., Ltd. unveiled its 2026 Chinese Dragon Silver Bullion Coin at the World Money Fair held in Berlin, Germany, from January 29 to 31. Led by Mr Jinpu Jiao, Chairman of the Boa...

Daily Bulletin - avatar Daily Bulletin

How to Choose the Right Industrial Air Compressor for Your Business

Running a business is all about making the right decisions. When it comes to choosing an industrial air compressor, that decision becomes even more critical. Air compressors are long-term investment...

Daily Bulletin - avatar Daily Bulletin

Speed Dating For Business