2017-01-24
Victorian Greens Justice spokesperson, Sue Pennicuik, expressed her deepest sympathies to the victims and families of those affected by the terrible events that occurred in Bourke St last Friday.
"In light of the circumstances surrounding the events of last week, the Greens are supportive of the terms of reference of the review of the bail system to be undertaken by former Supreme Court Justice Paul Coghlan.
"However, I am concerned that the government is calling on former Justice Coghlan to come up with recommendations by April 3 - little more than two months away, which is very tight given the broad terms of reference and the need for the review to be comprehensive, evidence-based and with full and open consultation with relevant stakeholders and the public," Ms Pennicuik said.
"A number of piecemeal changes have been made to bail laws over the past few years which have not been based on any evidence or public review. This has led to an explosion in the number of people on remand in both the adult and youth justice systems.
"The review should look at the amount of time people, particularly young people, are spending in custody on remand and providing more resources so that people who are on remand can be brought before the courts to have their cases heard sooner.
"The review should also look at the adequacy of resources provided to ensure those who are on bail have appropriate conditions applied and that these are properly monitored and enforced," Ms Pennicuik said.
Ms Pennicuik also expressed support for a separate system for dealing with people who are charged with serious offences. "The Greens have been suggesting this for some time, much the same as the parole system now operates.
"It should not be assumed that setting up a night court with magistrates hearing bail applications will automatically result in different outcomes, without a close look at the criteria used to decide on 'show cause' and 'exceptional circumstances'.
"The events of last week also highlight the need for better access to mental health services and coordination between services, the police and the courts," Ms Pennicuik said. "As Greg Barnes from the Australian Lawyers Alliance has noted: 'One of the keys is to ensure courts have accurate risk assessments of alleged offenders applying for bail so that refusal of bail is much better targeted.’
"The review could also look at examples such as in the UK, where specialist programs in the bail system are provided for people with mental health and behavioural issues.
"I wish to thank the police and emergency services personnel and members of the public, who assisted the people who were injured in Bourke Street."
Ms Pennicuik also expressed her appreciation for the work carried out by honorary bail justices who hear bail applications at night and on weekends on a voluntary basis.