Bail appeal process is working to fix system

A “BLITZ on bail” plan announced almost 12 months ago to help tackle youth crime has resulted in only three successful appeals.

But the state government insists the “strategy is working”.

The Bulletin can reveal a team of senior prosecutors has sought to overturn eight youth bail decisions statewide – none of which occurred on the Gold Coast. The “police blitz on bail” – in which prosecutors would appeal court decisions where appropriate – was announced as part of the state government’s five-point plan to tackle youth crime on March 10, 2020.

Of the eight to be appealed – which is a labour-intensive process – only three were successful.

A spokesman for Police Minister Mark Ryan said the appeal strategy was working and the “designated senior police prosecutor capability” was “having a significant impact on cases before the courts”.

On two occasions bail was revoked by the court before an appeal could proceed, while another was directed to case management by the Supreme Court to monitor bail compliance, which was successful.

Two further cases were dismissed by the court. Prosecutors have not identified any cases on the Gold Coast where there were legal grounds to seek to overturn the decision of a court, the spokesman said.

Police on the beat said few cases had been appealed as prosecutors were hamstrung by the current bail laws.

Last month, Mr Ryan announced senior prosecutors would be rolled out at nine locations across the state, including the Gold Coast, as part of its

“suite of measures” aimed at targeting hard-nut recidivist offenders.

New laws were put to parliament in February – many around toughening bail compliance – amid an ongoing issue with youth crime.

Mr Ryan’s spokesman said an objective of the program was to assist “with the quality of arguments put to courts across the state when questions of bail arise”.

For example, of the 101 cases identified as “suitable for appeal” prosecutors successfully argued against bail in 86. He said since the implementation of the government’s “five-point-plan” prosecutors had reviewed 1445 cases across the state. However, a breakdown of the Gold Coast was not given.

The Department of Justice was asked how many children had been through the Magistrates Court, and how many had applied for bail. It said those results could take up to six weeks.

Opposition spokesman for police, Dale Last, labelled the “bail blitz” an “attempt by the government to divert blame” for youth justice “failings”.

“The fact is that the court system can only apply the laws that are enacted by the government and, instead of accepting that their laws were ineffective, Minister Ryan sought to blame the courts,” he said. “The people I hear from see the bail blitz as exactly what it is, an attempt to shift blame.”

Mr Last said any additional resources for police prosecutions was “welcomed provided that it is not at the expense of operational policing roles”.

Gold Coast-based lawyer, Joe Wicking, of Howden Saggers Lawyers, said: “The limited number of appeals that have been conducted state wide would suggest that the Courts are granting bail with appropriate conditions.”