Tougher Bail Rules: More Offences in Strict Categories; Children Can Be Remanded More Easily
Bail Amendment Bill 2025
1st House
2nd House
Law
Effects of Bill:
This bill being passed means that:
bail decision-makers must treat community safety as the primary principle, meaning bail can be refused more readily where there is any risk
The rule that remand for children must be a last resort will be removed, so children may be held on remand more often than under current law
New offences will be created for committing an indictable offence while on bail, and for breaching bail conditions.
Serious offences such as armed robbery, aggravated burglary, home invasion and carjacking will move into the stricter bail category (Schedule 1), requiring the accused to prove exceptional circumstances to be released.
Other offences — including serious arson, firearm, weapon, and certain motor-vehicle theft offences — will move into a stricter bail category (Schedule 2), requiring the accused to show compelling reasons to be released.
Police will in some cases be able to take a person directly before a court during sitting hours for bail decisions, instead of going to a bail justice.
The statutory review of the Bail Act will be delayed from 2026 to 2027 and expanded to cover these new changes.
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