IN response to rising crime rates across Victoria, the State Government aim to restore public confidence in the justice system by implementing Tough Bail Laws that intend to crack down on repeat offenders and address youth crime.
Premier Jacinta Allan, Attorney-General Sonya Kilkenny, and Minister for Police Anthony Carbines announced the new laws today (March 12, 2025), addressing to:
- Put community safety above all in bail decisions and remove the principle of remand as a ‘last resort’.
- Create the toughest bail laws ever for serious offences – including a new bail test that is extremely hard to pass, targeting repeat offenders of the worst crimes.
- Ensure respect for the rules with new bail offences, including a second-strike rule for offenders.
The changes are aimed at addressing a surge in crime, particularly among young offenders, where crime rates have risen across the state, including Bass Coast and South Gippsland and ensuring that those accused of serious offences face tougher conditions for bail.
The new bail laws are designed to make it more difficult for repeat offenders to be granted bail, with tougher tests for serious crimes.
“I have listened, and I have acted,” Premier Allan said. “The tough bail laws will jolt the system: community safety above all, toughest bail laws ever, and consequences for breaking the rules.”
The new legislation will also target machete and knife-related crimes, with the government moving to make machetes prohibited weapons, with exemptions to be available for legitimate use. The decision comes in response to concerns over escalating violence involving weapons in the state and the Government response is to put community safety above all.
The Tough Bail Laws will make two big changes to bail decision-making principles to reduce the risk of reoffending and ensure the system meets community expectations.
- Community safety comes first on all bail decisions: Under the laws, community safety will become the overarching principle for bail decision-making for offenders of all ages. It will be a clear and unambiguous signal: community safety comes first in all considerations.
- No longer needs to be a last resort to deny bail: Right now, under section 3B of the Bail Act, an accused youth offender is remanded (detained in custody) only as a ‘last resort’. The Tough Bail Laws will remove the principle of remand as last resort.
Attorney-General Sonya Kilkenny said, “These laws are targeted squarely at the risks of young people committing serious crimes while out on bail.”
The number of youth offenders on remand has increased following changes in 2024 to target serious, repeat reoffending. But more changes are needed.
The current system is still not tough enough and does not reflect the expectations of victims or the public. The Government will make sweeping changes – not to punish people who haven’t yet had their day in court, but to reduce the risk of someone on bail reoffending in the community.
Reoffending remains a serious problem. Males in their mid-to-late teens – both adults and youths – make up the most alleged aggravated burglary offenders by far, with 64 per cent under the age of 20. The Tough Bail Laws again squarely target the risks of these younger serious offenders.
A person accused of an indictable offence faces ‘tests’ to be granted bail. The tests get tougher as the offences get worse. A tough test applies for serious offences: someone accused of a Schedule 2 offence like manslaughter must show ‘compelling reasons’ to justify bail. Someone accused of a Schedule 1 offence like murder or aggravated carjacking must prove even tougher ‘exceptional circumstances’.
The Tough Bail Laws will elevate key offences into harsher bail tests and create a new test to target repeat offenders of the worst crimes.
- Tougher bail laws for serious, high-risk offences: Many crimes that most Victorians would consider serious and high-risk do not face tougher bail tests, so bail is more likely. The Tough Bail Laws will uplift many offences like these so tougher bail tests will apply, and bail is less likely. These offences will include serious gun and arson offences, and other knife and weapon offences like machete violence. In addition, non-aggravated home invasion and carjacking offences will also face an even tougher test for bail.
- The toughest bail test ever: To target repeat offenders of the worst crimes, the Government will create a new bail test that is extremely hard to pass. Under the tough new test, bail can’t be granted to someone who is accused of committing a serious offence if they are already on bail for a similarly serious offence – unless there is a ‘high degree of probability’ they will not reoffend.
This test will apply to offences including murder and aggravated charges of home invasion, burglary and carjacking. A similar test recently introduced in New South Wales saw the number of people granted bail more than halve. Victoria’s test goes further: it will apply to all ages and more offences.
Minister for Police Anthony Carbines said, “We’re delivering tough new bail laws and we're backing our hardworking frontline police – ensuring they continue to have what they need to keep our community safe”.
The Tough Bail Laws will be introduced to Parliament next week (Tuesday, March 18), with an aim to have them enacted as soon as possible.
