Victorian Criminal Justice Reform: New Bills Introduced

The Victorian Parliament has introduced a series of reforms to the Victorian justice system that would see violent criminals face tougher sentences and have less chance of getting bail. The Bail Amendment (Stage One) Bill 2017; the Children and Justice Legislation (Youth Justice Reform) Bill 2017; and the Sentencing Amendment (Sentencing Standards) Bill 2017 will deliver on the Andrews Labor Government’s promises and also crack down on serious offenders with the introduction of tougher sentences as well as increase the consequences for young offenders.

Bail Amendment (Stage One) Bill 2017

In response to recommendations made by Mr Paul Coghlan QC following the Bourke Street tragedy, the reforms introduced by the Bail Amendment (Stage One) Bill 2017 (the Bail Bill) will make it harder for serious offenders to get bail in Victoria as community safety will be given a higher priority. According to the Bail Bill, bail will be refused for a number of new offences – regardless of age – including aggravated home invasion and aggravated carjacking unless there are exceptional circumstances, putting them in the same category as murder and terrorism.

The Bail Bill will also ensure that a presumption against bail will be the default position for many more offences including rape, armed robbery, and dangerous or negligent driving while pursued by police. The Bail Bill also specifies that any person who commits serious indictable offences while on bail will not be entitled to bail unless exceptional circumstances can be proven.

Children and Justice Legislation Amendment (Youth Justice Reform) Bill 2017

Under the reforms in the Children and Justice Legislation Amendment (Youth Justice Reform) Bill 2017 (the Children Bill), teenagers over sixteen who commit horrifying carjackings and home invasions will most likely be dealt with by adult courts. Other serious youth offenders aged between eighteen and twenty one will also most likely no longer be able to serve their sentence in youth prisons, unless exceptional circumstances apply. The reforms will also introduce a new presumption that youth offenders who damage property, escape or attempt to escape from detention will serve their sentences on top of an existing period of detention, regardless of their age.

For less serious offences committed by young persons, the reforms in the Children Bill will also introduce a new Youth Control Order that would see a new sentencing option requiring young offenders to engage in education, work or training.

Sentencing Amendment (Sentencing Standards) Bill 2017

The Sentencing Amendment (Sentencing Standards) Bill 2017 (the Sentencing Bill) will tackle serious offences by increasing the standard sentence for twelve of the most serious offences such as murder, rape, drug trafficking and sexual offences involving children. Attorney General Martin Pakula said that judges would nevertheless have the discretion to deviate from the standard sentence but would have to provide reasons if they do so; whether it is aggravating or mitigating circumstances.

In doing this, the Bill repeals the current baseline sentencing scheme and introduces the standard sentence scheme. According to Mr. Pakula:

Ultimately, the standard sentence scheme introduces an additional factor for courts to take into account, in the form of a legislative guidepost, as part of the sentencing process.

Future Reforms

The current reform package being introduced implements only thirty seven recommendations made by Mr Coghlan’s review. Mr Pakula has announced that other complex aspects of Mr Coghlan’s recommendations would be introduced in future bills later in the year. Mr Pakula stressed that the tougher approach towards criminal justice is an attempt to prioritise community safety and concerns:

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Bail Amendment (Stage One) Bill 2017, Bill, Explanatory Materials and Second Reading Speech as published on LawOne

Children and Justice Legislation Amendment (Youth Justice Reform) Bill 2017, Bill, Explanatory Materials and Second Reading Speech as published on LawOne

Sentencing Amendment (Sentencing Standards) Bill 2017, Bill, Explanatory Materials and Second Reading Speech as published on LawOne

Biggest Ever Shake Up To Target Violent Crime

Violent criminals face stiffer sentences with less chance of bail under new reforms