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AAP
AAP
Politics
Callum Godde

'Toughest' bail laws in land to target repeat offenders

Bail will be less likely for serious repeat offenders as Premier Jacinta Allan vows to crack down. (Nadir Kinani/AAP PHOTOS)

Bailed crooks who commit serious crimes will find it "almost impossible" to keep their freedom under new laws.

The Victorian government introduced its second package of bail reforms to parliament on Tuesday, amid rising crime rates.

These changes include a new bail test for people accused of repeat, serious offending and a "second strike" rule for those charged with further offending.

"We are making it very clear to bail decision-makers across the system that in Victoria community safety comes first," Premier Jacinta Allan told reporters.

Attorney-General Sonya Kilkenny described the bail test, for people accused of one of six offences while on bail, as the "toughest" in the nation.

The offences covered are aggravated home invasion, aggravated carjacking, armed robbery, aggravated burglary, home invasion and carjacking.

Bail must be refused unless the decision maker is satisfied there is a "high degree of probability" the person won't reoffend.

Evidence markers
A tougher bail test will apply to people accused of offences such as armed robbery and carjacking. (James Ross/AAP PHOTOS)

Police Minister Anthony Carbines said the test went further than NSW laws as it was not time limited and didn't just apply to young people.

"Your chances of getting bail are almost impossible," he said.

The "second strike" rule will also make it harder for people to get bail if accused of repeat indictable offending such as burglary, theft, assault, robbery, sex offences and serious drug offences.

Ms Kilkenny said low-level drug possession, petty theft and crimes driven by poverty and homelessness would be carved out to mitigate disproportionate impact on vulnerable people.

But she made it clear those offenders would still face a bail hearing.

Shadow attorney-general Michael O'Brien said the opposition was "very concerned" some offences were being exempted and claimed Victoria would still have the "weakest" bail laws of any state or territory.

Police
The Victorian government describes its new bail test as the toughest in the nation. (Rob Prezioso/AAP PHOTOS)

The legislation's default start date is March 30, 2026 but the attorney-general expects the changes to come into effect "as soon as system capacity permits and it's safe to do so".

Victoria tightened bail laws in 2018 after James Gargasoulas drove into Melbourne's busy Bourke Street Mall in 2017 while on bail, killing six people and injuring dozens more.

An inquest into the death of Indigenous woman Veronica Nelson in 2020 found the changes were a "complete and unmitigated disaster", sparking a relaxation of laws in 2024.

In March, Ms Allan conceded the government "got it wrong" and removed the principle of remand as a last resort for children and reintroduced bail offences.

James
James Gargasoulas killing spree in the Bourke St Mall prompted previous bail reform. (David Crosling/AAP PHOTOS)

Victoria's latest crime statistics, which showed youth offending at a record high, were collected before the harsher bail laws were rolled out.

But figures released by the justice department in mid June showed the number of youths being held on remand had doubled since the changes took effect in late March.

Barrister and author Greg Barnes warned the latest changes would likely lead to more youths reoffending and their "warehousing".

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