Bail reforms to put onus back on offenders

HOW bail is granted and who can grant it has been put under the spotlight in a discussion paper released by the State Government today.

As revealed in March, proposed changes to law and order policy will seek to tighten bail considerations for suspects accused of serious offences.

The paper proposes several changes that would mean offenders charged with serious crimes and those who repeatedly breach bail would have to demonstrate why they should be bailed, rather than the prosecution needing to demonstrate why they should not.

Crimes that would fall under these requirements include murder, manslaughter, wounding, grievous bodily harm, kidnapping and abduction, producing and distributing child exploitation material, arson, aggravated armed robbery, armed robbery and serious drug trafficking.

The paper also outlines changes regarding the use of bench justices, who usually perform duties in out of hours court sessions, to clarify who is able to grant bail and under what circumstances.

Justice Minister Elise Archer said the proposed reforms aimed to bring the bail system in line with community expectations.

“The community and police are tired of offenders committing crimes after being granted bail, and it is clear changes are needed to restore community confidence in the justice sys- tem and to prioritise community safety,” Ms Archer said.

Recent high-profile Tasmanian crimes such as the murder of mother-of-two Jodi Eaton and the manslaughter of pregnant mother Sarah Paino were committed by offenders who were on bail.

The Police Association of Tasmania has been calling for change to prevent dangerous and repeat offenders continuing to commit crimes while on bail.

The Law Society of Tasmania said it would have “significant difficulty” accepting a situation where the onus was on defendants to justify bail.

Tasmanian Bar Association president Chris Gunson had said a review of the system needed to ensure a balance between protecting the public and “unnecessarily incarcerating people before they’ve been convicted”.

Submissions on the discussion paper close on February 2, with the Justice Department to then consult with legal stakeholders.