New laws to crack down on bail abusers

Attorney-General Robert Clark today announced legislation to crack down on those who commit further crimes while on bail or breach their bail conditions.

For the first time, the new laws will make it an offence to breach bail conditions, carrying a penalty of up to three months in jail or a fine of up to $4,200.

Offenders who commit an indictable offence while on bail will be liable to the same penalty, on top of the sentence imposed for the indictable offence itself.

The legislation, to be introduced into Parliament this week, will also set out a range of restrictions that an alleged offender can be required to agree to if released on bail, including curfews, no-go zones, residence requirements and non-contact conditions.

The legislation will also act to end “bail shopping” by requiring that any further applications for bail must be heard by the same judge or magistrate whenever practicable.

As well, applications to vary bail conditions, or to be granted bail after bail has been refused, will require three days notice to be given to the informant and the prosecution unless the court or the parties agree otherwise.

“The community is sick and tired of offenders released on bail who go straight back to re-offending. All too often, offenders released on bail go on to commit a string of further offences, be it burglaries, drug deals or other crimes, before coming to trial,” Mr Clark said.

“Bail is supposed to allow those charged with a crime to be released until their trial, unless there is an unacceptable risk to community safety or an unacceptable risk that they will flee.

“Those who commit crimes while on bail not only break the law, they also mock the bail system itself and breach the community’s trust.

“The bottom line, under these new laws, will be that if you re-offend while on bail, you stand to be imprisoned for longer.

“Not only will these new offences and penalties deter crime, they will also ensure that police, bail justices and courts have a clear record of an applicant’s past history if they are ever seeking bail again in future.”

Under the current law, if someone breaches their bail conditions, they face no additional penalty and go unpunished for the contempt they have shown for the bail system. All that can happen is for them to be brought back before a bail justice or magistrate to have their bail reviewed.

Under the new laws, it will be an offence to breach bail conditions imposed to protect the community or prevent absconding, such as curfews, no-go zones, staying away from victims or witnesses or reporting to police.

Offenders will be liable to jail or large fines for serious breaches, while lesser breaches, such as failing to report to police on time, will be punishable by an on-the-spot fine. These changes mean that offenders will quickly learn that bail conditions need to be respected and complied with rather than being treated with contempt.

A person on bail who commits an indictable offence (i.e. a more serious offence) will be liable to an additional penalty of up to three months in jail for offending while on bail. This additional penalty will apply for each indictable offence committed while on bail, on top of the penalty for the offence itself.

An indictable offence is a more serious offence usually carrying a maximum penalty of more than two years in jail. Examples include assault causing injury, theft, burglary and drug trafficking.

The requirements for further bail applications to be heard by the same judge or magistrate whenever practicable, and for advance notice to be given, will help ensure the court has all the relevant facts before it, and allow prosecutors to be fully prepared to oppose bail whenever needed.

This will help prevent offenders “bail shopping” amongst different magistrates or judges until they obtain their release and then going straight back to crime once they are out in the community.