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Explaining the Bail Amendment Act 2010 Changes

New laws relating to bail and bail justices

The Bail Amendment Act 2010 (the Act) amends the Bail Act 1977 and the Magistrates' Court Act 1989. It follows on from the Victorian Law Reform Commission's (VLRC) Review of the Bail Act: Final Report.

In its report, the VLRC made 157 recommendations for procedural, administrative and legislative changes to ensure the bail system functions simply, clearly and fairly. The Act responds to 40 recommendations. It is intended that the remaining recommendations will be considered in a further stage of bail reforms.

The Act aims to clarify aspects of current bail law, codify some existing practices, and promote efficiencies in the operation of the bail system. It also establishes a new legislative framework for the operation of the bail justice system.

The changes in the Act come into effect on 1 January 2011.The key changes are:

• a new provision for Aboriginal Australians
• a new provision for imposing bail conditions
• new procedures for administering surety conditions
• new provisions for further bail applications, applications for variation of bail conditions, and applications for revocation of bail
• clarification of the provision allowing appeals against grants of bail by the Director of Public Prosecutions
• reduction of the period for which bail justices may remand an adult accused person.

The key changes to the Magistrates' Court Act relate to the new bail justice system, including:

• five year fixed term appointments for bail justices, with the ability to apply for re-appointment
• new eligibility criteria for appointment and re-appointment of bail justices
• capacity to appoint retired bail justices as acting bail justices.

In addition, new powers for the Secretary of the Department of Justice include:

• directing a bail justice to participate in professional development or a continuing education and training activity
• suspending a bail justice from office
• making guidelines
• new removal provisions, with the Governor in Council able to remove a suspended bail justice from office on recommendation of the Attorney-General, following an independent investigation.

The Act also provides for a number of matters to be prescribed in Regulations, including a new code of conduct for bail justices. These matters are prescribed in the Magistrates' Court General Amendment Regulations 2010 (the Regulations).

Further Information

Download the fact sheets below for further information about the key changes in the Act. The ready reckoner provides a guide to the changes made to the Bail Act.

To download copies of the Act and the Regulations, visit the Victorian Law Today website.

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Contacts

Criminal Law Policy
GPO Box 4356
Melbourne VIC 3001
Tel: 03 8684 0800
Email: criminal.law@justice.vic.gov.au

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Author:	Department of Justice, Criminal Law Policy
Place of Publication:	Melbourne
Publisher:	Department of Justice
Date of Publication:	November 2010
Number of Pages:	Fact Sheet 1: New Bail Justice System - 6 Fact Sheet 2: Overview of Impact on Bail Justices - 3 Fact Sheet 3: New Provision for Aboriginal Australians - 2 Fact Sheet 4: Bail Conditions - 2 Fact Sheet 5: New Procedures for Administering Surety Conditions - 2 Fact Sheet 6: New Provisions - Further Bail, Variation and Revocation Applications, and DPP Appeals - 3 Ready Reckoner - 13
Copyright:	State of Victoria, 2010