Bail, Risk and Law Reform: A Review of Bail Legislation Across Australia

(2018) Criminal Law Journal, 42: 91-107

17 Pages Posted: 15 Mar 2019 Last revised: 10 Jun 2020

See all articles by Lorana Bartels

Lorana Bartels

Australian National University (ANU) - ANU Centre for Social Research and Methods

Karen Gelb

Independent

Caroline Spiranovic

Faculty of Law, University of Tasmania

Rick T Sarre

University of South Australia - School of Law

Shannon Dodd

Independent

Date Written: 2018

Abstract

In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne’s Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State’s bail system, as well as a major review of Victoria’s bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria’s bail laws are arguably the most onerous in Australia.This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.

Keywords: Australia, Victoria, laws, bail, remand, public opinion, Gargasoulas

Suggested Citation

Bartels, Lorana and Gelb, Karen and Spiranovic, Caroline and Sarre, Rick T and Dodd, Shannon, Bail, Risk and Law Reform: A Review of Bail Legislation Across Australia (2018). (2018) Criminal Law Journal, 42: 91-107, Available at SSRN: https://ssrn.com/abstract=3340981

Lorana Bartels (Contact Author)

Australian National University (ANU) - ANU Centre for Social Research and Methods ( email )

Beryl Rawson Building (13)
Canberra, ACT 0200
Australia

Karen Gelb

Independent ( email )

Caroline Spiranovic

Faculty of Law, University of Tasmania

Private Bag 89
Hobart
Tasmania, 7001
Australia

Rick T Sarre

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia
83020889 (Phone)
83027128 (Fax)

HOME PAGE: http://www.unisanet.unisa.edu.au/staff/Homepage.asp?Name=Rick.Sarre

Shannon Dodd

Independent ( email )

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