LIV Bail Laws Taskforce

The LIV has convened a special taskforce headed by expert legal practitioners volunteering their time and resources. This taskforce will use experience from our existing legal policy committees including criminal law, health law, human rights and technology law.

An initial meeting has been scheduled at the LIV (Conference Room) on Wednesday 25 January at 1pm (light lunch provided) for members interested in providing comments and feedback which will form the LIV’s submission response to the Government Review.  

In particular, the LIV will consider responses to the terms of reference sought from Justice Coghlan who has been appointed to conduct the review:

  • How the necessary balance between protection of the community and the presumption of innocence should be best reflected in the Bail Act 1977;
  • The appropriateness of the current tests of exceptional circumstances, show cause and unacceptable risk;
  • Whether additional offences should be added to show cause or exceptional circumstances categories;
  • The way in which other relevant circumstances (for example, a history of prior offending or offences committed while on bail), are considered; and
  • The conduct of bail applications out of hours, including the role of bail justices.

For queries regarding the submission, or to contribute, please contact:
Gemma Hazmi, Senior Lawyer, (03) 9607 9374 ghazmi@liv.asn.au

Media

Past submissions

The Victorian Law Reform Commission (VLRC) conducted a review of the Bail Act 1977 (Vic) in 2005-2006.

The LIV issued a submission in February 2006, which was later supported by the VLRC’s findings.

The VLRC recommended in their final report that the Bail Justice system should be retained subject to a number of reforms.  These proposed reforms included introducing a course of accreditation for bail justices and other training requirements. The VLRC also recommended that the Department of Justice commission an independent review of the bail justice program three years later to determine whether it was working well, or whether another system should be instituted. The VLRC flagged that, in the long term, an after-hours bail court should be considered.  The full list of VLRC recommendations are available here