They warned that the changes could increase the likelihood of young people being held in custody
The Victorian Bar and the Criminal Bar Association of Victoria (CBA) have raised serious concerns about the state government's proposed youth bail law reforms, warning that the changes may have unintended negative consequences for young offenders and community safety.
In a statement, the legal groups emphasised that bail is a fundamental aspect of a fair and just criminal law system. They cautioned that denying bail effectively imposes punishment before a determination of guilt, a practice that should be applied only in exceptional cases, mainly when dealing with children.
The groups emphasised that the bail law reforms stemming from Coroner McGregor's recommendations following the inquest into Veronica Nelson's death were grounded in thorough, evidence-based analysis. While the government implemented many of those recommendations in the past year, the newly proposed legislation seeks to reverse key aspects of those reforms.
The legal groups expressed concern over the lack of evidence supporting the effectiveness of the proposed rollbacks in enhancing community safety. They warned that the changes could increase the likelihood of young people being held in custody, exposing them to negative influences and physical risks. They also pointed out that prolonged detention can reduce a young person's chances of rehabilitation, particularly when court delays extend the length of pretrial incarceration.
According to the Victorian Bar and CBA, effective long-term community safety is best achieved through early intervention strategies such as education, treatment, and support services. They emphasised that the Children, Youth and Families Act 2005 prioritises diversion from the justice system. Bail laws should align with this principle while allowing courts discretion in cases where pretrial detention is necessary.
The legal groups argued that the court system must minimise delays in finalising cases when remanding young offenders to prevent extended periods of pretrial detention.
The Victorian Bar and CBA called on members of parliament to ensure that any changes to criminal justice laws are evidence-based and effective. They also noted that they have not yet reviewed the bill's final version but remain concerned that these factors have not been adequately considered in the current proposals.
