The Victorian Government’s bail reforms, which will be introduced into Parliament next week, focus on the wrong end of the system when more investment is needed in preventing crime from occurring, says Jesuit Social Services.
“We are concerned to see our Premier spruik the ‘toughest bail laws ever’, when we know that increasing the numbers of people entrenched in our criminal justice system will only lead to more people re-offending. More than 40 per cent of people who exit prison in Victoria return within two years,” says Jesuit Social Services CEO Julie Edwards.
“It feels like we have been here before, with two major rounds of changes to the bail system in 2017/18 and 2023. In 2023, after the tragic death of Veronica Nelson, the Victorian Coroner concluded that the state’s bail laws had a discriminatory impact on First Nations people and that Ms Nelson’s death could have been avoided. Government accepted that finding and amended the bail laws to prevent people accused of low-level offending from being ‘scooped up’ in the system.
“We are firm in our belief that prison should only ever be used as a last resort. Driving up the number of people in our prison system, including people on remand who are yet to be convicted of a crime, will be costly and more importantly ineffective except in the very short term.”
Proposed reforms include a new bail test that is ‘extremely hard to pass’ according to the Government’s public statement, the removal of the principle of remand as a last resort for children, the reintroduction of the offence of ‘committing an indictable offence while on bail’ and making community safety the overarching principle when it comes to decisions about bail.
“Any erosion of judicial discretion is worrying. Our judges and magistrates are best placed to consider the facts and circumstances of each case and make decisions about the best response.
“The number of young people committing offences in Victoria has decreased over recent years, but there is an increase in repeat offending by a small number of young people. These young people need intensive support to steer them onto positive pathways, works, and keep them connected with school, family and the community wherever possible.”
Jesuit Social Services operates the Youth Justice Community Support Service (YJCSS) program, which works intensively with young people in the youth justice system, including those on bail. The after-hours aspect of the program is currently only funded until June 30.
“We know that programs like this work, and we must be investing more in them, and other vital supports that allow children and young people to lead safe and fulfilling lives free from crime.”
Media enquiries – Kathryn Kernohan, 0409 901 248 or kathryn.kernohan@jss.org.au
