New bail laws likely to crack down on people who repeatedly steal cars

Among the changes in the bill are the introduction of a new second strike rule, which will also be created for people already on bail who are accused of further offending, making it harder for them to get bail.

In March, the government introduced the stand-alone offence of ‘committing an indictable offence on bail’.

This bill builds on that work by uplifting the bail test for people accused of repeat indictable offending.

‘Uplift’ is where the bail test for a person accused of repeat offending is stricter than it would be for a person accused of an offence for the first time.

The offences that will be subject to the new uplift provisions include burglary, vehicle theft, assaults, robbery, firearms and controlled weapons offences.

Also included under the uplift provisions will be riot and affray, sex offences, serious drug offence, theft (above $2500), and criminal damage (above $5000, or where damage is caused by fire).

These reforms are subject to key safeguards to mitigate any disproportionate impact on vulnerable people.

Certain lower harm offences committed while on bail such as low-level drug possession will not be subject to uplift to avoid remanding vulnerable people unnecessarily.

The bill is also expected to include a tough new test that will apply to those on bail for, and charged again with, aggravated home invasion, home invasion, aggravated carjacking, carjacking, armed robbery or aggravated burglary.

The government said subjecting people accused of repeat, serious offending to a new, tougher bail test increased the likelihood that bail would be refused and would prevent re-offending.

Under this test, bail must be refused unless the decision maker is satisfied there is a high degree of probability the person will not commit one of these offences if bail is granted.

This test goes further than similar laws in NSW because it will apply to all ages and is permanent.

Victorian Premier Jacinta Allan, Attorney-General Sonya Kilkenny and Police Minister Anthony Carbines introduced the bill to parliament.

The government said this second bill built on the bail laws passed earlier this year that put community safety first in all bail decisions, introduced bail offences, removed the principle of remand as a ‘last resort’ for young people and elevated certain high-harm offences such as knife crime into a tougher bail test.

Ms Allan said the government needed to go further on bail laws to keep Victorians safe.

“Victorians are rightly disgusted with repeated, violent offending,” she said.

“Now, our bail laws are the toughest in the country, because community safety will always come first.”