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Bail Law Reform

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Speakers - Speaker; Shearan Mr Allan; Watkins Mr John
Business - Questions Without Notice


    BAIL LAW REFORM
Page: 5128


    Mr ALLAN SHEARAN: My question is addressed to the Minister for Police. What is the latest information on the Government's proposed changes to the Bail Act involving repeat offenders?

    Mr JOHN WATKINS: Over recent years the Carr Government has made several major improvements to bail laws. Earlier this year we honoured an election commitment to strengthen bail laws in cases where an offender is charged with a serious offence involving personal violence and where that person has a history of violence offences. Last year we restricted bail access to certain groups of repeat offenders and those who reoffend while on bail. We want to go further. The Government's bail changes are always underpinned by the principle that the more serious the offences—or the more prolific the offender—the more difficult it should be for the offender to secure bail. So now we will get even tougher on gun offenders and property criminals involved in offences such as burglary and car theft. Last week I advised the House of a range of prohibited weapons offences that will soon attract a presumption against bail. They include possession or use of a prohibited firearm and stealing a firearm. Our new drive-by shooting law will also be included. All such offences will carry a presumption against bail. However, police have advised me that we need to take further action against those identified as repeat property offenders.

    The Government is committed to strategically improving the law to target those who are most likely to reoffend. Clearly a category of offenders continue to take advantage of bail laws. We are going to take them out of circulation. That is why there will be a presumption against bail for a person identified as a repeat property offender. A repeat property offender will be defined as a person who has one conviction in the past two years for a specified property offence and who comes before the court charged with two further offences. The relevant offences include robbery or stealing from a person, armed robbery of a person, armed robbery and wounding, demanding money with menaces, breaking and entering with intent to commit an offence or with intent to commit a serious indictable offence, motor vehicle theft, and car-jacking. It is estimated that this latest restriction of bail will affect hundreds of repeat offenders every year. That is what our community wants.

    Failure to appear at court also remains an issue of concern to police. That is why we will also provide greater penalties for people who fail to keep their bail undertakings—by taking away an exemption now granted by the courts. Courts currently cannot forfeit the bail money of those who fail to appear if the person is charged with an offence heard summarily and the case is heard in the offender's absence. We will take away that exemption to ensure that more people face their charges in court or lose their cash. This prohibition was based on a concept that a person had received punishment for their failure to appear by being convicted of their substantive offence. In a civil society we expect people to turn up to court. Once a person is convicted a court orders the issue of a warrant for that person's arrest and to bring them before the court so a sentence may be imposed. This warrant is commonly called a conviction warrant.

    Mr Andrew Tink: Point of order: Why is the Minister only talking about a presumption against bail—

    Mr SPEAKER: Order! What is your point of order?

    Mr Andrew Tink: —when the Premier promised in the election campaign no bail for repeat offenders?

    Mr SPEAKER: Order! I call the honourable member for Epping to order. He will resume his seat, and he should note that he is on a call to order.

    Mr JOHN WATKINS: Changes will be made so that a person arrested on a conviction warrant may not be released on bail before he or she is brought before the court for sentencing. This will ensure that people are dealt with by the court as soon as possible. The Government will continue to take the advice of police and to take whatever measures are necessary to put away that small number of people who are involved in a large proportion of crimes.


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