How do domestic violence bail laws differ across Australia? | ABC News

Summary

The likelihood of being granted bail for serious domestic violence offenders varies across Australian states and territories. Recent reforms in states like New South Wales and Queensland emphasize stricter bail conditions, including reversing the presumption of bail and using ankle monitors. Other states such as Victoria and South Australia have different criteria, with some requiring offenders to prove they don’t pose a threat before being granted bail. The National Cabinet aims to improve consistency and information sharing across regions to better protect victims, amid community pressure for stronger measures.

Takeaways

• 😀 Bail laws for serious domestic violence offenders vary across different Australian states and territories.
• 😀 New South Wales has proposed laws reversing the presumption of bail for serious domestic violence offenders, requiring them to prove they should be released.
• 😀 Queensland already has laws that require anyone charged with serious domestic violence offenses to convince a magistrate for bail.
• 😀 Ankle monitors are used in both Queensland and New South Wales for offenders granted bail.
• 😀 In the ACT, offenders can only be granted bail if a senior police officer or magistrate believes they do not pose a danger.
• 😀 In Victoria, bail is typically granted unless the court believes the offender poses a safety threat, with recent reforms decriminalizing bail breaches.
• 😀 In the Northern Territory, offenders with a history of violence or breaches must prove they do not pose a threat to be granted bail.
• 😀 South Australia grants bail unless the offender is charged with serious domestic assault or breaching protective orders.
• 😀 Western Australia only grants bail to family violence offenders in exceptional circumstances and considers electronic monitoring.
• 😀 Tasmania introduced electronic monitoring in 2018 for offenders subject to family violence orders, and offenders must prove they are not a danger to be granted bail.
• 😀 A recent National Cabinet meeting highlighted the need for better information sharing and greater consistency in bail laws across Australia.

Q & A

How does the likelihood of being granted bail differ across states and territories?

The likelihood of being granted bail varies significantly across states and territories in Australia. Some states have stricter laws, such as New South Wales and Queensland, where serious domestic violence offenders face a presumption of detention, while others like Victoria and South Australia have more lenient rules, granting bail unless specific threats to safety are proven.

What recent reforms have been introduced in New South Wales regarding bail for serious domestic violence offenders?

In New South Wales, the government has proposed laws to reverse the presumption of bail for serious domestic violence offenders. This means they will remain behind bars unless they can prove why they should be released.

What role do ankle monitors play in the bail process across different states?

Ankle monitors are used in various states, such as Queensland and New South Wales, as a condition for offenders granted bail. They are typically applied to those accused of serious domestic violence offenses to ensure monitoring while in the community.

How does the bail process in the ACT differ from other states?

In the ACT, alleged offenders cannot be granted bail unless a senior police officer or magistrate is satisfied that they do not pose a danger to the community. This makes the ACT's bail process more cautious and safety-focused.

What is the bail situation in Victoria for family violence offenders?

In Victoria, bail is generally granted unless the court believes the offender poses a safety threat. Recent reforms decriminalized breaches of bail, although police still have the authority to revoke bail when necessary.

What has been the response to the decriminalization of bail breaches in Victoria?

The decriminalization of bail breaches in Victoria has raised concerns among advocates. However, police argue that magistrates still have the power to revoke bail if necessary, ensuring some level of control.

What is the bail policy for family violence offenders in the Northern Territory?

In the Northern Territory, alleged offenders with a history of violence or prior breaches of domestic violence orders must prove they do not pose a further threat before being granted bail. Those without a history are granted bail unless prosecutors can prove they would be a threat.

What distinguishes the bail process in South Australia for family violence offenders?

In South Australia, bail is typically granted unless the alleged offender is charged with serious domestic assault, breaches of bail conditions meant to protect victims, or breaches of intervention orders.

How does the bail process in Western Australia handle family violence offenders?

In Western Australia, family violence offenders are generally not granted bail, except in exceptional circumstances. If bail is granted, a home detention report is required, and electronic monitoring is considered as a condition.

What was introduced in Tasmania in 2018 regarding family violence offenses?

In 2018, Tasmania introduced electronic monitoring for individuals subject to family violence orders, a measure intended to help monitor offenders and ensure the safety of victims.

What agreement did the National Cabinet reach regarding bail laws across Australia?

The National Cabinet agreed to improve information sharing and strengthen consistency in bail laws across Australia. This decision comes in response to community pressure for better protection of victim-survivors of domestic violence.