Numerous amendments made last year to the Bail Act are now in effect. These include the creation of a category of ‘unacceptable risk’ offences, the extension of the ‘show compelling reason’ test, updates on electronic-monitoring conditions and explicit consideration for pregnant accused, and those with carer responsibilities, in considering bail.
Securing bail is one of the immediate things you can do after being charged with a criminal offence. This will allow you to remain out of custody while awaiting your court hearing, ensuring you can continue with your daily life and prepare your defence. You can read more about the bail process here.
Reforms
The introduction of some newer reforms are effective as of March 2026. Notably, these reforms include two especially important amendments to the bail act.
- Unacceptable Risk (“high harm/high degree of probability” bail test)
Now, if there is a risk that an accused, while on bail, would commit a serious offence (for example, including but not limited to, armed robbery, aggravated burglary, aggravated carjacking), that risk will be treated by default as ‘unacceptable’, preventing bail for an accused. This is unless the bail decision maker is, to a high degree of probability, convinced otherwise.
- Show Compelling Reason Test (uplift rule)
These amendments have also extended the ‘show compelling reason’ test. While previously only required for some serious offences, the amendment extends this test to any accused which commits and is charged for any other indictable offence while on bail for a separate indictable offence.
Electronic Monitoring
The amendments restrict a bail decision maker to impose electronic monitoring conditions if the monitoring can be carried out by a ‘prescribed entity’, and if ‘prescribed requirements’ are met. Importantly, these changes do not affect anything in the existing children’s trial program.
Further Considerations
Amendments also have now required decision makers to consider pregnancy and carer responsibilities when deciding to grant bail to a person.
Remand as Last Resort for Minors
Going further back as of March 2025, the requirement for remand as being a last resort for children has been effectively removed.
Breach of Bail
The Victorian Government has also, as of March 2025, introduced a new offence that prohibits breaching bail, making it a crime to commit a serious offence while on bail, or even breach bail conditions (i.e. missing curfew, missing reporting to police).
Key Takeaways
- Accused charged with certain indictable offences while on bail will be assumed to pose an unacceptable risk. Bail will be refused unless the decision maker is convinced to a ‘high degree of probability’ that they will not reoffend.
- Accused charged with an indictable offence while on bail will now generally be subject to the ‘show compelling reason’ test.
- Electronic monitoring conditions can only be applied if monitoring can be done by a ‘prescribed entity’, satisfying ‘prescribed requirements’.
- Pregnancy and carer responsibilities are now factored into consideration by bail decision makers.
- Courts are no longer required to consider remand as an option of last resort for minors in the criminal justice system.
- Breach of bail is now considered a separate offence.
Importance and impact on justice
Legal Aid Victoria (VLA) worryingly has found “an 8% reduction in bail being granted to children receiving duty lawyer services”. This is concerning, since it especially poses potential issues to a child’s developmental abilities and wellbeing, rejecting underlying issues the justice system has sought to remedy and address.
Even more concerning is the potential impact this will have on remand rates in general among adults: with more incarcerated persons. Again, VLA sternly warns that the changes are “a backwards step” that will certainly “cause serious harm to people in our community”.
Take the First Step Towards a Favourable Outcome
If you’re facing a breach of bail offence, or have any question in regards to the bail process in Melbourne or Victoria, don’t wait. Jay and Co Barristers and Solicitors are here to safeguard your rights, reduce the impact on your life, and guide you through the legal process with confidence.
Our team is dedicated to helping you achieve the best possible outcome, whether negotiating reduced penalties or building a strong defence in court. Contact us today for a free consultation, and let’s work together to address your driving offence and protect your future.
Disclaimer
This information is general and should not replace professional legal advice. If you are facing a driving offence, contact Jay and Co for advice tailored to your situation.
