The ‘last resort’ principle for youth offenders is set to be removed and a tougher bail test is to be introduced for serious and repeat offenders.
The Victorian government has introduced sweeping new bail laws designed to reduce reoffending and improve community safety.
The “toughest bail laws ever” are set to overhaul the state’s bail decision-making process.
Under the new legislation, the “last resort” principle for youth offenders will be removed.
Previously, young people could only be detained in custody if no other options were viable. The new laws now make detention more likely for those facing serious charges.
“I have listened and I have acted. The tough bail laws will jolt the system: community safety above all, toughest bail laws ever, and consequences for breaking the rules,” Premier Jacinta Allan said.
Raising the Bar
The new laws introduce tougher bail tests for those accused of serious crimes. The bail process will now include stricter criteria based on the severity of the offence.
Anyone accused of manslaughter must now show “compelling reasons” to be granted bail. For those charged with murder or aggravated carjacking, the threshold is even higher—they must prove “exceptional circumstances” to secure bail.
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Many crimes previously not subjected to tough bail tests will now face stricter scrutiny, including serious gun offences, arson, and violent knife crimes such as machete attacks.
Non-aggravated home invasions and carjackings will also face tougher bail tests, making it harder for offenders to secure release.
Clamping Down on Repeat Offenders
One of the boldest measures is a new bail test aimed at repeat offenders. Anyone already on bail for a similar serious offence must demonstrate a “high degree of probability” that they won’t re-offend.
This measure, similar to a law recently introduced in New South Wales, is designed to target habitual offenders.
“These laws are targeted squarely at the risks of young people committing serious crimes while out on bail,” Attorney-General Sonya Kilkenny said.
The government is also focusing on strengthening accountability for offenders who breach bail conditions.
A new offence, “committing an indictable offence while on bail,” will apply to anyone who commits a second indictable crime while out on bail.
This will trigger a much tougher bail test for repeat offenders, requiring them to prove “compelling reasons” for release.
In addition, breaching bail conditions, such as missing curfew or failing to report, will now be classified as a summary offence (minor violation), ensuring swift consequences for those who fail to comply.
Crime Surge Drives Push for Change
Victoria is grappling with a significant rise in crime. Police data for the year to September 2024 reveals 578,762 offences, a 13.4 percent increase from the previous year.
This includes a record-high 68,042 thefts from motor vehicles, including over 24,000 stolen number plates and power tools as top targets. contributing significantly to the surge in property crime.
Retail theft rose 36.6 percent driven by inflation and cost-of-living pressures.
Key stolen items include groceries and alcohol, with hotspots identified in Melbourne’s CBD and St Albans.
With rising crime rates, the new laws are seen as a crucial step in addressing public safety concerns.
Opposition Supports New Laws
The opposition has voiced support for the new laws, though they have criticised the delay in action.
Leader of the Opposition, Brad Battin, said, “After years of denying the problem, Premier Jacinta Allan has finally admitted that Labor’s weakening of bail laws has put community safety at risk.”
Battin attributes the rise in violent crime to the government’s previous stance on bail laws.
“Under Labor, violent offenders have been free to roam the streets, break into homes, and terrorise innocent Victorians—all while being released on bail time and time again,” he said.
The opposition sees the government’s new stance as a necessary, albeit late, shift in policy.
Government’s Broader Crime-Fighting Strategy
Alongside the new bail laws, the government has introduced measures aimed at tackling the root causes of crime.
These include a pay rise offer for frontline police officers to support recruitment and retention. Additionally, electronic monitoring will be introduced for young offenders, alongside more intensive bail supervision.
The government has also committed to creating more pathways for young offenders to secure employment and receive rehabilitation, aiming to prevent future crimes without compromising their cases.
