Read The Times Australia

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

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...