The tabloid panic rewriting bail laws
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What is the main topic discussed in this episode?
I'm Ruby Jones, and you're listening to 7am.
What prompted Victoria to pass tougher bail laws?
Last year, after months of pressure over youth crime and claims the system had become too soft, Victoria passed what it proudly called the toughest bail laws in the country. At the time, legal and human rights experts warned the laws would put more children in custody and disproportionately affect First Nations people. Now the Allen government is doubling down. In this week's state budget, it said bail refusals were at record highs and promised more money for corrections, faster youth crime hearings and a rewrite of sentencing laws. But the deeper question hasn't changed.
What are the implications of the new bail laws for youth offenders?
Should bail be a right or a tool for crime prevention? Today, we're returning to Daniel James's conversation with legal academic Professor Marilyn McMahon on how media pressure and politics are reshaping bail and what that means for justice. It's Sunday, May 10, and this episode was originally published in March of 2025.
Marilyn, the Victorian government recently passed what it says are the toughest bail laws in the country. So can you tell me about these laws? Yes, the Premier certainly called them the toughest bail laws ever and said that the reforms will provide a jolt to the system.
Hi, everyone. I just thought I'd jump on here with some breaking news tonight from the Victorian Parliament. We've just passed the tough new bail laws, the toughest in the country.
How are First Nations people affected by the bail reforms?
What was introduced as part of those reforms was you had the principle of remand being a last resort for youth offenders was abandoned. People charged with some crimes, including robbery, carjacking, home invasion and aggravated burglary, will now find it harder to get bail. And the government has reintroduced the crimes of committing an indictable offence while on bail and breaching a bail condition. Now, I think what we saw was that the legislation was rushed through Parliament.
Tougher bail laws passed Victoria's Parliament in a marathon sitting that extended into the early hours of the morning.
What opposition did the new bail laws face?
They come into effect in a state where we've already got tough bail laws. Perhaps the toughest in the country already. It's part of that. long-term trend where we've seen bail being turned into a pivotal point for crime prevention. Traditionally, bail really operated as a mechanism to ensure people attended court for the hearing of their case. But bail, bail decision-making has become much more about the risk that a person who's applying for bail will commit an offence if released on bail into the community. That really means that bail has been politicised and it's now a key law and order issue for us. And it's likely, I think, that what we'll see in coming years is that more than half the prison population in Victoria will be people who'll be held on remand.
That is, they haven't been convicted, they're being held prior to the hearing of their matter. Now, that's, I think, a very disturbing statistic.
APPLAUSE
The Premier has said that these laws are about reducing re-offending and making the community safe. But for how many decades have governments had reports and evidence on their desks about ways to do this that don't resort to police and prisons?
And as these laws were being debated in the Victorian Parliament, there were protests outside. So can you talk to me about the opposition to this bill? What are people saying? You had strong opposition to the bill coming from a number of quarters, primarily from legal representatives and organisations, human rights organisations, and especially First Nations people and organisations. Lawyers and legal organisations emphasised the traditional concerns that bail should only be denied in exceptional circumstances because it breaches the right to liberty and also it breaches the presumption of innocence. Community organisations draw attention to the well-known negative consequences if people are denied bail.
People can lose their job, they'll be separated from their families, it causes mental distress and also exposes people to the dangers and stresses of a prison environment.
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Chapters
8 chapters
1
What is the main topic discussed in this episode?
0:01–0:09
2
What prompted Victoria to pass tougher bail laws?
0:09–0:44
3
What are the implications of the new bail laws for youth offenders?
0:44–1:36
4
How are First Nations people affected by the bail reforms?
1:36–2:12
5
What opposition did the new bail laws face?
2:12–5:03
6
How has media pressure influenced bail legislation?
5:03–6:50
7
What are the long-term effects of stricter bail laws on incarceration rates?
6:50–8:18
8
What balance should be struck between community safety and individual rights?
8:18–15:12
Speakers
3 identifiedMore from 7am
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