A new 'night court' will be set up for magistrates to hear bail requests from violent suspects after hours, Premier Daniel Andrews has announced in the wake of Friday's rampage.
There has been mounting pressure on the Andrews government to reform bail, after it was revealed alleged killer Dimitrious Gargasoulas had been released by a bail justice despite police opposition on January 14.
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Bourke St attack: new night court announced
Victoria's bail system will get a shake-up and an after-hours Magistrates' Court established in response to the Bourke Street tragedy, says Premier Daniel Andrews. (Video courtesy: ABC News 24)
Fifteen people remain in hospital, with grave concerns held for two people who remain in critical condition.
Mr Andrews said within days the state government would provide extra magistrates to be on call to hear out-of-hours bail applications.
Work has already started for the formal establishment of an out-of hours 'night court' so magistrates, rather than bail justices, can hear applications for serious, violent, matters when police oppose bail.
"No expense will be spared to get this right," Mr Andrews said.
Magistrates are already on call for warrants and Attorney-General Martin Pakula held talks with Chief Magistrate Peter Lauritsen over the weekend about changes to bail.
Former Supreme Court judge Paul Coghlan has also been asked to provide urgent advice about bail reform, including being charged to put forward practical recommendations for legislative change by April 3.
Mr Pakula said the way in which magistrates and courts look at prior offending in consideration of bail will be part of the review.
The future role of voluntary bail justices will be among Mr Coghlan's terms of reference. He will also explore whether different bail rules need to be established depending on the offence.
"We are asking Paul Coghlan to look at this top to bottom, we do not want simply to have a piecemeal approach to the bail system," Mr Pakula said.
Other terms of reference include:
- How to balance protection of the community and the presumption of innocence
- The appropriateness of current tests for exceptional circumstances, show cause and unacceptable risk
- The conduct of bail applications out of hours, including the role of voluntary bail justices
- Whether information available for consideration by decision-makers in the bail system is sufficient to properly consider and assess the risks that are posed by accused persons, including those with complex risks, needs and case histories
Many in the community have expressed frustration that action on bail is only coming after a tragedy.
Mr Andrews pointed out bail changes from both his and the previous Coalition governments but conceded it was clear more needed to be done.
"What Friday showed us is that is not enough, and we need to go further. We need to do more to keep the community safe and to honour the memory of those who have paid such a high price," Mr Andrews said.
"We are angry, we are frustrated, we are desperately sad."
The police association have been critical of bail justices, however on Monday secretary Ron Iddles welcomed Mr Andrews' plan.
"The environment has changed where we need 24/7 magistrates available to hear these sort of applications," Mr Iddles told ABC radio.
"There are complex issues about bail. Bail justices have limited training, and I think it's time to review that ... and have a magistrate make the final determination."
- with Liam Mannix