The State Government is taking strong and decisive action, delivering tough consequences for repeat and serious youth offenders.
Under amendments to the Youth Justice Bill 2024 and practice changes within the justice system, the government will make laws stronger and clearer when it comes to bail – granting it, revoking it, and ensuring those who seriously offend while on it, face the consequences.
That includes strengthening the bail test by making it crystal clear that bail decision-makers must assess both the risk to community safety and the risk of further serious offending when deciding if bail is appropriate.
This change will make it explicit that if they believe a young person poses an unacceptable risk of committing a Schedule 1 or 2 offence while on bail, that is a clear reason to refuse bail.
“We’re making these changes because every serious offender should feel serious consequences. And every Victorian should feel safe,” Premier Jacinta Allan said.
“Community safety must be front of mind for all bail decision-makers. We’re making it crystal clear that serious offending must have serious consequences,” Minister for Police Anthony Carbines said.
The Bail Act will also be amended to specifically call out alarming crimes such as aggravated burglary or robbery, dangerous driving, carjacking or home invasion as explicit examples of offences that present an unacceptable risk to community safety.
The government will also strengthen and clarify the ability of police to apply for bail revocation for repeat offenders – with any offending or likely offending, or any serious breaches of bail conditions, grounds to seek revocation.
And it will create a new separate offence for committing a serious crime – including aggravated burglary, carjacking, murder and rape – while on bail.
A new, ongoing Council on Bail, Rehabilitation and Accountability (COBRA) will be established, made up of experts including police, Youth Justice, the Department of Families, Fairness and Housing, Department of Health, schools and others as needed – to explore what is driving the actions of this group of reoffenders and how to stop them.
COBRA will report directly to Ministers, informing government of any trends, concerns or ideas so government can quickly act.
And the government will take stock of youth crime prevention programs to see what’s working and what’s not – enabling it to target investment to programs with the greatest likelihood of success.