Alleged offenders can be released into the community on bail or remanded in custody at the Alexander Maconochie Centre (pictured) or Bimberi Youth Justice Centre. Photo: Michelle Kroll.
Repeat offenders continue to flout Canberra’s bail and court orders, says the Australian Federal Police Association (AFPA).
Its warning comes as the ACT Government continues considering community submissions on bail reform.
AFPA president Alex Caruana pointed to an incident on 30 September when a silver Nissan SUV was allegedly driven 40 km/h over the posted speed limit on the wrong side of the road, resulting in a police pursuit through several Canberra suburbs.
The 18-year-old driver was charged with dangerous driving, failing to stop for police, driving while disqualified, breaching a good behaviour order and breaching bail, and was referred by the courts to undergo a mental health assessment.
Mr Caruana said the incident highlighted the urgent need for stronger responses from the courts.
“Bail and good behaviour orders are not suggestions; they are obligations. If someone breaches both … there must be immediate and serious consequences,” he said.
“Otherwise, the community is left at risk and offenders are emboldened.”
A petition calling for significant bail reform has been tabled with 727 signatures in the Legislative Assembly.
The lead petitioner has argued the proposed measures would strengthen risk-based decision making, reduce reoffending and support vulnerable young people and families.
Yerrabi Canberra Liberals MLA and petition sponsor James Milligan said some had started referring to Canberra’s bail laws as “catch and release” legislation and argued the current law wasn’t effective in reducing offending.
“The current legislation … is not sufficient to safeguard the community from repeat offenders who are let out on bail,” he said.
“[We need to] reduce the endless merry-go-round.”
The petition argued the Bail Act 1992 lacked a “mandatory, evidence-based process” to identify and manage high-risk accused offenders before they were released.
“Under the present framework, courts may consider offence seriousness and public safety risks, but the act does not compel them to apply a standardised risk tool,” it stated.
“Without a consistent assessment, individuals with extensive offending histories can still receive bail, resulting in additional harm, repeated breaches, and further erosion of public trust.”
Currently, bail decision-makers must consider the likelihood of an accused person appearing in court in relation to an offence; their likelihood of committing an offence, harassing or endangering someone’s safety, and potential obstruction of justice while on bail; and the “interests of the person” (such as a need for physical protection or the length of time a person could face in prison if remanded).
But the court or authorised officer only may also regard any previous grants of bail, among other relevant matters.
The petition has called for proven repeat offending or breaches of bail to become a legislated ground for refusing bail; for a validated and structured risk assessment to be applied by the courts before any bail decisions are made; and for the government to create and adopt an ACT-wide ‘structured bail risk tool’ with data on bail decisions, breach rates and reoffending outcomes published quarterly.
It has also called for curfews and GPS-enabled electronic monitoring programs to be a legislated alternative to custodial remand; have a bail reform taskforce coordinate further legislative updates and rehabilitation programs to reduce reoffending; and the creation of a tiered, 24/7 Youth Bail Assessment and Support Service to provide “immediate access to assessment, crisis accommodation, transport, and alcohol and other drug (AOD) treatment supports”.
For young alleged offenders, it’s called for supported bail for first-time, low-risk or non-violent offences (but a ‘show cause’ requirement for serious repeat property or violent offences); restorative conferencing within 48 hours of a child’s first minor breach of bail; and the mandated participation of a child and their family in “culturally safe, trauma-informed parenting and family support programs” for those facing serious or repeat charges (as a condition of any supported bail).
The ACT Government is considering changes to the legislation to make it easier for decision-makers to interpret and apply. It is also weighing up more than 35 public submissions after consultation on bail law reform in the ACT closed on 13 June.
An ACT Government spokesperson said an update on progress would be provided as “soon as practicable”.
“Bail remains one of the most challenging and complex elements of the criminal justice system and the submissions received represent a range of views,” the spokesperson said.
“Noting some of the issues in the petition overlap with issues raised in the discussion paper, the issues raised and suggestions provided in the petition will form part of the ACT Government’s consideration as it determines the next steps for bail law modernisation and reform.”
