Bail Amendment Bill 2023

While the Bail Act 1977 includes the general entitlement to bail, amendments to the Act in 2013, 2016 and 2017-8 made it harder for some alleged offenders to be granted bail. The 2013 amendments made it an offence to commit further offences while already on bail and the 2017 amendments increased the number of cases where the ‘exceptional circumstances’ or ‘show compelling reasons’ tests and the ‘reverse onus’ provisions apply. 
 
Accordingly, the Bail Amendment Bill 2023 was introduced to the Legislative Assembly on 15 August 2023. This Bill will remove the ‘reverse onus’ and ‘double uplift’ provisions for certain offences. It will also remove certain bail-related offences and make changes to how bail decisions are made for children and Aboriginal and Torres Strait Islander peoples. 
 
This paper examines some of the recent amendments to the Act and outlines some of the consequences of these changes. It also outlines selected changes proposed in the Bail Amendment Bill 2023 and stakeholder responses to them.