New bail law targets youth, serious offenders

Defendants will have to show why they should not remain in custody, Andrea Vance reports.

Tough new laws to crack down on serious offenders who skip bail and teenagers who break their curfews are to be announced today.

Justice Minister Judith Collins is expected to introduce legislation to Parliament which will give police new powers to deal with under-17s who breach their bail conditions.

Police officers have expressed frustration that they are simply a dropoff service for teenagers caught on the street while they are under a curfew.

The Bail Amendment Bill will also enact pledges made by National during last year’s election campaign to crack down on the high rate of offending on bail by defendants charged with murder, violent, sex and class A drug offences.

Figures show the percentage of defendants on bail increased from 15.7 per cent in 2004 to 18.4 per cent in 2009.

The most common crimes were traffic violations, theft, acts intended to cause injury and public order offences.

The new law will impose a ‘‘reverse burden of proof’’ regime, requiring defendants – especially those with a history of bail breaches – to demonstrate why they should not be locked up.

Currently it is up to prosecutors to prove to the court that bail should not be granted. The maximum penalty for failing to answer police bail will now be three months’ imprisonment – in addition to the current $1000 fine.

To free up judges’ time, the jurisdictions of justices of the peace and community magistrates to deal with some bail breaches will be restored.

The law will also make clear that bail will not be granted in return for information on crimes. Ms Collins said the proposals gave police and courts ‘‘a bit of teeth’’. ‘‘There are some quite significant changes in there.

‘‘Those with the highest risk are going to have to show why they should be released on bail, rather than the other way around.

‘‘It addresses the question of public confidence in the bail system. If we don’t have [that] . . . then the pressure comes on for bail not to be granted. So it is important that the right people get bail and the wrong people don’t.’’

Police will no longer have to get a warrant to arrest under-17s who breach bail. ‘‘At the moment they feel their hands are tied and they have to wait for them to go on to commit further offences. They will be able to uplift a young defendant found in breach of their bail curfew and return them home.

‘‘And they will be able to arrest a young defendant who repeatedly or significantly breaches their bail conditions,’’ Ms Collins said.

The law would also remove the ‘‘presumption in favour of bail’’ for defendants aged 17-19 who had previously been jailed. They would now be subject to the standard adult test for bail. ‘‘Some of those 17 to 19-year-olds, if they have been in prison at those ages, they will generally have committed extremely serious crimes like attempted murder or rape.’’

The bill will be introduced today and is expected to pass its first reading.

It will then be referred to the law and order select committee.