NSW Tougher Bail Tests for Young People Committing Motor Theft or Breaking and Entering

Bail and Crimes Amendment Bill 2024

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

Bail authorities must not grant bail to 14 to 18 year olds for motor theft or serious breaking and entering if they committed the crime while already on bail for a similar offence; they must have high confidence the person will not commit another serious crime.
Bail authorities must assess bail concerns and consider possible conditions before making a decision for these young people.
People face higher prison terms if they advertise their involvement in motor theft or breaking and entering (performance crimes).
The Attorney-General must review these rules after two years; a report must be tabled in Parliament.

The Debate

What different members said when this bill was debated:

The Hon. SAM FARRAWAY

“I speak in debate on the Bail and Crimes Amendment Bill 2024. It is fair to say that crime continues to escalate across regional New South Wales. Regional communities need the Government to start genuinely listening and implementing reforms and strategies to support regional communities rather than avoiding scrutiny, turning a blind eye to crime and putting its head in the sand.”

Official source →

Mark Latham IND

“I support the Bail and Crimes Amendment Bill 2024. I believe that the best way of judging these matters is to visit these towns and to talk to local people—Indigenous, police, child protection officers and anyone who has expertise in what is happening on the ground. I thought that the Hon. Jeremy Buckingham had half the effort right in his contribution. He said you have to be tough on crime.”

Official source →

Rod Roberts IND

“I contribute to the debate on the Bail and Crimes Amendment Bill 2024. Community safety should be a key priority for any and all governments. At the moment we are experiencing a juvenile crime wave. It is happening all over the State, including in metropolitan Sydney, but it is more pronounced and acute in regional New South Wales.”

Official source →

Cate Faehrmann GRN

“I strongly oppose and condemn the Bail and Crimes Amendment Bill 2024. I support the contributions of my colleagues, both in this place and the other place, to debate on the bill, particularly that of Ms Sue Higginson, who is our spokesperson for justice and First Nations. We all agree that the bill before us is a terrible bill. It is an outrageous bill.”

Official source →

Daniel Mookhey ALP

“Ensuring community safety is one of the fundamental priorities of this Government. This bill has a multifaceted approach to address regional crime.”

Official source →

News articles and press releases

Bail and Crimes Amendment Bill 2024

Mr MICHAEL DALEY, Attorney General — 2024-03-12

The bill introduces two targeted measures: a time-limited Bail Act amendment, which will ensure that young people aged between 14 and 18 who are alleged to have repeatedly engaged in break and enter and motor vehicle theft offences are not released on bail unless the bail authority has a "high degree of confidence" that they will not commit a serious indictable offence while on bail subject to any proposed bail conditions; and a Crimes Act amendment introducing a new offence of "performance crime", targeting all offenders who commit motor vehicle theft or break and enter offences and disseminate material to advertise their offending conduct. The Bail Act change in proposed new section 22C is a time-limited, targeted amendment.