Breach Bail, Go to Jail -- Even If It Breaches Human Rights Law
Breach Bail, Go to Jail and Other Legislation Amendment Bill 2026
Introduced by: The Hon Deborah Frecklington MP (LNP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Courts and police must refuse bail for defendants charged with an offence on the serious offences list if they were already on bail, unlawfully at large, or failed to appear in court.
Defendants face a minimum of one year in prison if they commit an offence on the serious offences list while on bail or unlawfully at large.
A child charged with a significant offence committed while on bail can only be released if they convince the court they are highly unlikely to reoffend.
Courts and police must record the reasons if they decide to grant bail to a defendant charged with an offence on the serious offences list committed while on bail.
Police can now choose whether to consider alternatives to charging or arresting a child for certain offences or bail breaches -- it's no longer compulsory.
Courts cannot refer defendants to diversion or pre-sentence programs for offences against the Bail Act 1980.
The government declares that these bail and detention rules apply even if they are incompatible with the Human Rights Act 2019.