Page 459 - Week 02 - Wednesday, 15 February 2017
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ACT if the police refuse bail, only a court can grant bail. If a person is arrested out of hours and is refused bail by the police, they are kept in custody until the next sitting of (usually) the Magistrates Court;
• Information systems in the ACT are sound and the AFP has the ability to place all relevant information before a Magistrate or Judge deciding issues of bail;
• The DPP can seek an immediate review of bail decisions and their application for review has the effect of keeping the person in custody.
One of the most senior barristers in the territory has eloquently summarised why we should not be supporting this motion. The very strong protections for the community that Mr Archer cites have been developed to strike the right balance between three fundamental principles: the presumption of innocence, respect for human rights, and the need for community safety.
Our bail system implements these principles through a combination of presumptions in favour of bail in certain circumstances, presumptions against bail in certain circumstances, and review mechanisms that take account of the risks at issue. Short of remanding every alleged offender in custody, there is always a risk that an alleged offender will reoffend. But that risk is controlled according to a sound process and backed by legislation.
It is worth emphasising again that in the ACT every decision on bail is made by a police officer, a magistrate or a judge. When a person is arrested, the first opportunity for bail is a decision by ACT Policing. Our legislation creates a presumption against the granting of police bail for all domestic violence and family violence offences. Police bail must not be granted to a person accused of a family violence offence unless the police are satisfied that the person poses no danger to a protected person while released on bail. This recognises the heightened risks of offending that follow from highly charged domestic and family violence situations. The protection and the welfare of the community are paramount considerations in relation to a bail decision.
If a person is charged with murder or serious drug offences or has committed a serious offence whilst already on bail, they must not be granted bail unless there are special or exceptional circumstances.
As I have indicated, however, the government has not simply considered that our bail system is beyond improvement. We have been continually improving both the process and the legislation. Operational changes to support the court’s considerations have included, over the past 12 months, strengthening the information ACT Policing provides to the DPP. These operational changes have helped ensure that a higher quality of information is being presented to the court and to the accused people for consideration.
Ongoing improvement is part of our legislation as well. We listen and we respond. Most recently, the Bail Act 1992 was amended in August last year to give the DPP a bail review power. From 1 May this year, the DPP will have two hours to request a review of a bail decision made by a magistrate and the Supreme Court will have 48 hours to decide the review. The review power will be available only to the DPP,
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