The Victorian government’s recent overhaul of bail laws has ignited significant backlash from legal, human rights, and First Nations organisations. Premier Jacinta Allan announced proposed amendments to the Bail Act, compelling courts to treat children accused of serious crimes similarly to adults regarding bail decisions. This may lead to increased remand of individuals who haven’t been convicted.
Allan claims these changes aim to tackle repeat offending, which concerns many Victorians. If passed, the criterion for denying bail will shift from a focus on remand being a last resort to prioritising community safety as the central principle in bail hearings. Repeat offenders will need to demonstrate a strong likelihood of not reoffending to qualify for bail.
While the Police Association supported these changes as beneficial for community safety, many within the legal field oppose this approach, particularly as it reverses previous reforms made in response to the story of Veronica Nelson, an Aboriginal woman who tragically died in custody. Allan acknowledged the tragedy yet asserted that earlier reforms missed the mark.
The proposed measures, including reintroducing the offence of committing an indictable crime while on bail, are viewed as harmful by some advocacy groups. Kate Bundrock of Victorian Legal Aid condemned the changes as a serious setback for Victoria, potentially impacting vulnerable individuals. The Victorian Aboriginal Legal Services articulated concerns regarding the damaging effects these measures could have on Aboriginal communities.
Critics argue that the government is misdirecting attention and resources away from critical issues like housing and mental health services. Senator Lidia Thorpe labelled the new laws a “shameful knee-jerk reaction” and a contradiction of efforts to reduce the number of Aboriginal youth in custody. Allan’s swift reversal on bail law reforms prompted outrage from those who fought for change following Nelson’s inquest.
This announcement comes amidst rising political pressure about increasing youth crime, highlighted by media campaigns. The Attorney-General, Sonya Kilkenny, expressed urgency for reform after hearing distressing accounts from crime victims, citing fears regarding repeat offenders on bail.
With around 300 repeat youth offenders identified as problematic, and legislation expected to move rapidly through Parliament, there are concerns about the lack of proper consultation on such serious changes. Critics like Greens justice spokesperson Katherine Copsey have called for more thorough consideration, while others expect potential alliances to facilitate the legislation’s passage.
The Victorian government’s proposed changes to bail laws have sparked outrage from various groups, including legal, human rights and First Nations organisations. Aimed at addressing repeat offending, the changes would treat children accused of serious crimes like adults, potentially increasing remand. Critics warn these measures could disproportionately impact vulnerable populations, particularly Aboriginal communities, and argue for more comprehensive policy consideration.
The Victorian government’s overhaul of bail laws has evoked fierce criticism from legal, human rights, and Aboriginal organisations, highlighting concerns about treating young offenders as adults and the broader social implications. The swift legislative changes reflect heightened political pressures around youth crime, but they raise serious questions about the handling of vulnerable populations and the effectiveness of such measures. As debates continue, a balance must be sought that safeguards both community safety and individual rights.
Original Source: www.theguardian.com
