Bail System in Victoria: Current Issues, Laws, and Government Response

This report discusses the current issues related to the bail system in Victoria, the laws and policies that shape and respond to the problem, and the government's response. It also highlights the costs of the problem for the government.

Bail system in Victoria

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Current crime , criminal and justice problem..............................................................................3
Context of the Bail system in Victoria and the costs [financial or otherwise] of this problem
for government.............................................................................................................................4
Evaluation of the bail system issue in Victoria by government and media with the helps of
theoretical perspective.................................................................................................................5
Current laws and policies that shape and/or respond to the problem..........................................6
Response of the government to the problem of Bail system in Victoria.....................................6
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................1

INTRODUCTION
The Section 51 of the Australian constitution states and gives the power to frame their
own laws in relation to various matters. There are two main sources of Australian laws i.e. case
law and common law and all the judgments related to the offences are made by the superior
courts of justice. Furthermore, the laws are made by the Parliament. The present report covers
the current situation about the crimes and criminal law In Victoria and the problem associated
with it is related to the Bail system in Victoria and all the cost and financial problems related to it
for the government of Australia(Legal ,& Social Issues Committee. 2018). The study also
highlights the current laws and policies that is prevailing in the country in order to respond to
this problem by the government and theoretical perspectives related to the problem identified.
MAIN BODY
Current crime , criminal and justice problem
Victoria's courts and tribunals interprets the law by deciding who is right or wrong with
the support of evidences that is collected from the investigation. With the help of this it enables
the tribunal to impose the penalties on the offender. (Greener, 2021). The current justice related
issue identifies is the Bail system in Victoria. It is said the person is guilty until , the evidence are
not proved against the accused person and it means that police can release that person from the
custody of the police. Various conditions are imposed on the person who released on bail and
that person is bound to follow the order of the court. Furthermore, in order to release the person
on bail, it is required to take the permission from the court and if denied then that person is
detained in the police custody.
In 2018 , the bail act 1997 was amended and various provisions was made stricter to
make it harder for the person to be released on bail in serious offences that is committed by them
. It is also observed that the national imprisonment rates in Australia has increased in the past
many years. In 2016, The Victorian government introduced various legislation with the purpose
of preventing the offenders who committed crime against the police officer from being released
form the prison on parole. The Decision of the Victorian Government regarding the changes in
the bail act was based on the some case which enable to provide fair justice to the people. The
changes in the laws focused on targeting the serious offences that has committed against the

women. According to the data collected it shows that 53% of the women in the prisons are
unsentenced. It has been observed that the bail system has been broken in Victoria and the
current laws on the women regarding this is that in many cases women are being denied on bail
and there could be various reasons not just they are threat to society but because they can suffer
from domestic violence and mental illness. The Victorian government is of the view that it is
hearder for the person who has committed serious crimes to be released on bail and from the
various cases that is relevant to the severe offences than in that situation accused was granted
bail which van be a problem for the society. On the other hand it can also be said that the
significant issues that the bail system is facing and the lack of public confidence in this system
Context of the Bail system in Victoria and the costs [financial or otherwise] of this problem for
government
The major problem that is identified in the legal justice system of Victoria is the Bail
system which can be a major issue that can affect the justice and judgments in the courts. Bail is
defined as the process of releasing the person who has been not proved guilty of the offence
committed by the court of law. This gives the power to the person to get free and released back
in the Victorian society. It is observed that people who are arrested for committing the criminal
act and has charged under the criminal law(Travers, and et.al., 2020). The provisions regarding
the bail are mentioned under the Bail Act 1977(Vic).In such cases where the minor criminal act
has been committed by a person , then police grant the bail and issue summon against that
person and also impose various restrictions. On the other hand, if the person is charged with the
serious criminal offences and bail application is to be approved or rejected depends upon the
police considering the various evidences that is collected form the investigation. Furthermore,
the cost imposes various conditions and restrictions for granting bail to the person and that
person has to comply with the conditions imposed .The increasing concern is when considering
the grant of bail application is that whether the person will attend the court or not. It is also
stated that in the process of bail application a prescribed procedure is followed by the court and
after considering various factors, the person is released on bail. After making the bail , the
application is received by the police and it is on the discretion of the police to approve or reject
the application. If the police has rejected the application , the person charged with the offence
can make the bail application and present it in the court of law. In order to overcome the bail
system problem various cost is incurred by the government such as fees of the experts hired in

order to analyse and investigate about the person charged with the offence whether to grant bail
or not(Travers, and et.al., 2018). Various provisions has been amended and programs are
established which requires government investment. On the other hand while granting the bail, the
person charged with the offence has to comply with various conditions and restrictions that is
imposed by the police and court which includes appearing in the police station whenever called
and not to go out of the country with the prior permission of the court. If the court found that the
offender has violated the conditions of the court and don not appear on time in the court , the
summon is issued by the police or court to appear before the court at the particular time and
date(McNamara, and et.al., 2021). Furthermore, with the bail application , the surety is also
involved and becomes the party to promise to pay certain sum of money related to the bail
application if the defendant fails to appear before the court.
Evaluation of the bail system issue in Victoria by government and media with the help of
theoretical perspective
The various policies that has been highlighted by the government can be the best
measures in order to solve the problems associated with the bail system in Victoria. The main
focus of the policies created by the government aims at solving the problem related to the legal
system in Victoria. The approach covers the what's the problem approach that states that in order
to react on the problems that is associated with the bail system in Victoria it is important for the
government to find possible solution to solve the problem(Bartels, & Hopkins, 2021) . There has
been various issues identified in the bail system and it is necessary to resolve the issues that is
related to the bail system . The policies framed by the government focus towards changing. It
also highlights the role of government in shaping the understanding of the bail system and make
more strict provisions that can helps in improving the legal system of the Victoria. The WPR
approach emphasis on the interrelated questions.
The main issue that the Victorian government faces is the bail system of the country
which can be major problem i.e. the suspected person is granted bail which creates the fear in
the society. The Bail related laws have become increasingly punitive and the most onerous in
Australia. There are various reforms done by the Victorian government which includes the
provisions which are made stricter(Auld, & Quilter, 2020). The changes in the provisions by the
government was to make it harder and tuff for the people to get released on the bail. By releasing
the person on bail , it gives the liberty to the person charged with the offence freedom to commit

the offence and also threat on the life of the plaintiff. The court or police while granting the bail
have to consider the charges that is alleged on the person and take further actions(Smith, &
Jorgensen, 2021). On the other hand it on the discretion of the court to follow the regulation that
is equal and apply to every person of the country. There are various tights that has been given to
the defendant and are free to use their rights, but they don't have right to misused it as they are
bound by the law and its regulations.
Current laws and policies that shape and/or respond to the problem
It has been highlighted that there has been various issues regarding the bail system in
Victoria which was affecting the society and there was need to implement various new
regulations in order to solve the system. The Bail system of Victoria has a impact that was
reached beyond the confine areas of the legislation and it is also considered as the major part for
delivering the justice. The Bail act was not reviewed or amended but with the increase in the fear
of people about releasing the offender from jail enable the Victorian government to review the
provisions of the Bail act and make required changes accordingly(Murphy, & Ferrari, 2020). In
November 2005, the commission released the consultation report that was a targeting booklet
containing the names of the victims of the crime and a call for submissions and forty-nine
submissions was received. Various recommendations was received which aimed at ensuring that
the act should be made in simplified manner and various recommendations included that the bail
act of the Victoria should be rewritten in plain English so that it is understood by every person.
Regarding the major provision of the bail, the court while granting the bail should consider the
nature of the offence and various other evidences collected during the investigation(Maylea, and
et.el., 2021). It was also recommended that government should make the bail requirement harder
and onerous. The reforms regarding the bail act and the decision makers that is the court, police
have to consider the community safety and also the necessary presumptions in order to avoid the
detention. The regulation also put the burden on the government that if the prisoners suspected of
committing the crime if released from the prison on bail will result into less safety to the
community.
Response of the government to the problem of Bail system in Victoria.
The bail act of Victoria can into force in 1977 which laid down the provisions regarding
the bail conditions and procedure for granting bail to the person charged of committing the
offence in the eyes of law. It is stated in the law that unless the person is not proved guilty is nor

considered as unoffending the government considered that releasing the person on bail does not
focus towards safety of the community and also increase the fear in the community which can
also lead to injustice to the victim(Peirce, 2020). It was observed that any reform in the bail act
must be consistent of the Victorian government and also its human rights obligation. The main
aim of the government behind making these reform is the protection of the human rights
obligation. There are various rights that is given to the accused but it should be implemented by
considering various factors and also for the welfare of the society. The recent bail amendments
focused on ensuring maximum safety of the community. Various amendments was made which
signifies more heavy and strict provisions for receiving the bail and on the other hand the person
charged with the offence have to provide and give valid reasons and surety for receiving the
bail . The conditions regarding the bail was make more complex and every area should be taken
into consideration while granting bail and also states that the person who is charged with serious
offence is not liable to release on bail(Bartels, & Weatherburn, 2020). The government has
made reforms in the bail act for the welfare of the society and also to provide justice to the
victim.

CONCLUSION
From the above report it can be concluded that the government by making various
reforms and amendments in the Bail system of Victoria and highlights various provisions which
has made stricter . The condition for granting the bail provisions have been made more complex.
The court, police before releasing the person on bail has to consider every aspect and also the
nature of the offence committed by the party and then take suitable decision . Furthermore, the
report also summarize that the person has to comply with the conditions imposed by the law and
present. In addition to this , the reforms in the bail system in Victoria is also made in the
simplified manner by considering the welfare of the community. It is necessary to make the
required reforms which also protects the right of the person and also consider the safety of the
community.

REFERENCES
Books and journals
Auld, L., & Quilter, J. (2020). Changing the rules on bail: An analysis of recent legislative
reforms in three Australian jurisdictions. University of New South Wales Law Journal,
The, 43(2), 642-673.
Bartels, L., & Hopkins, A. (2021). Engaging head and heart: An Australian story on the role of
compassion in criminal justice reform. In Research Handbook on Law and Emotion.
Edward Elgar Publishing.
Bartels, L., & Weatherburn, D. (2020). Building community confidence in community
corrections. Current Issues in Criminal Justice, 32(3), 292-308.
Greener, M. (2021). ‘COVID bail’: the response of Victorian courts and prisons in navigating
the impact of COVID-19. Current Issues in Criminal Justice. 33(1). 89-93.
Legal, L. C., & Social Issues Committee. (2018). Inquiry into youth justice centres in Victoria.
Maylea, and et.el., (2021). Consumers' experiences of rights-based mental health laws: Lessons
from Victoria, Australia. International Journal of Law and Psychiatry, 78, 101737.
McNamara, and et.al., (2021). Understanding processes of criminalisation: Insights from an
Australian study of criminal law-making. Criminology & Criminal Justice, 21(3), 387-
407.
Murphy, B., & Ferrari, T. (2020). Bail in the Time of COVID-19. Criminal Law Journal, 44(4),
247-263.
Peirce, J. (2020). Overuse of pretrial detention in tension with judicial and prison reforms in the
dominican republic. Latin American Law Review, (5), 45-69.
Smith, S., & Jorgensen, I. (2021). The Current State of Bail Reform in the United States: Results
of a Landscape Analysis of Bail Reforms Across All 50 States. HKS Faculty Research
Working Paper Series.
Travers, and et.al., (2020). Rethinking Bail: Court Reform Or Business as Usual?.
Travers, and et.al., (2018). Reducing the prison population: the challenge of pretrial services.
In 14th Reintegration Puzzle Conference.
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