How does Victoria's bail justice system work?
Updated
The bail justice system is unique to Victoria, but following Melbourne's Bourke Street tragedy, it's facing a shake-up.
A bail justice is a volunteer who hears after-hours bail applications.
The man accused of killing pedestrians last Friday was released by a bail justice days before the alleged attack.
Who can become a bail justice?
There are no specific qualifications required to become a bail justice volunteer.
You simply need to be over the age of 18, an Australian citizen, not insolvent and complete a Justice of the Peace course.
Bail justices must also "respect, observe and adhere to the highest levels of personal, social and community standards of integrity and professionalism", the state's Justice Department says.
Ron Iddles, secretary of the state's Police Association, said there were complex issues around the training for bail justices.
"Bail justices have limited training and I think it is time to review that and move forward, and have a magistrate make the final determination," he said.
"I think the environment has changed where we need 24/7 magistrates available to hear these sorts of applications."
What is changing?
Premier Daniel Andrews said there would be a "full examination" of Victoria's bail system in response to the tragedy.
"We need to have a really close look at each and every element of our bail system and we need to make profound changes for the future to keep Victoria safe," Mr Andrews said.
To start with, magistrates, who have professional legal qualifications, will hear after-hours bail requests for people accused of violent crimes — not bail justices.
A night court will be established for magistrates to do this work.
Mr Andrews said the move would require additional resources, and he vowed no expense would be spared in order to get the policy right.
The bail system as a whole will be reviewed by former Supreme Court judge Paul Coghlan and he will provide urgent advice to the Government.
Belinda Wilson, president of the Law Institute of Victoria, said it was not the time for a "knee-jerk reaction".
"The Government is correct in announcing a measured approach and to have a comprehensive investigation into the bail system," she said.
"The Law Institute is going to provide any resources and assistance needed for this inquiry."
Bail laws have changed over the years
Victoria's Attorney-General Martin Pakula, speaking alongside the Premier this morning, said there had been a number of changes to bail laws over the past several years.
"The former government in 2013 made some changes regarding breach of bail and the committing of indictable offences while on bail," he said.
"This Government increased the penalties for those who don't appear at a bail hearing."
Following last week's incident, the state Opposition is calling for a one-strike policy for bail breaches and a presumption of remand for people charged with violent crimes.
The Law Institute's Ms Wilson said Victoria's bail laws were "very comprehensive" but they were constantly being amended.
"The law is constantly changing, and as a profession and as a government, everyone does need to be nimble," she said.
"There are always going to be circumstances that arise like no-one could have imagined beforehand and unfortunately the incident on Friday is one of those incidents.
"There were reforms late last year by the Government and this is an opportunity again to review the bail system once again in light of recent circumstances."
Topics: law-crime-and-justice, melbourne-3000, vic, australia
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