Page 460 - Week 02 - Wednesday, 15 February 2017
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and only in relation to certain serious offences and family violence offences. This new power will be used when the DPP is of the view that a manifestly wrong decision has been made in relation to bail and the decision would have significant potential to affect public safety. It is an important change. It will provide a safety valve for bail decisions where there are extraordinary circumstances. And, demonstrating our commitment to ensuring that our bail laws are operating effectively and without undesirable consequences, the new power will be reviewed after two years of operation.
In relation to the sentencing inquiry that Mr Hanson referred to, I note that recommendation 43 was noted, citing work that was ongoing. Noting it does not mean no work or ignoring. It is an appropriate response when there is continuing work in the context of continual improvement.
This government is monitoring the justice system closely and it is responding with effective change. There are already plans underway to improve the bail system further in the future. The ACT government will commence a trial bail support program in the first half of this year as part of the ACT’s justice reinvestment strategy.
There is one area of future reform highlighted in Mr Hanson’s motion where the government will undertake further work. We do agree, as Mr Archer said yesterday, that the information systems in the ACT are sound and the AFP has the ability to place all relevant information before a magistrate or a judge deciding issues of bail. This is the case with any offender. We do not, however, currently have statistical evidence about the overall number of instances where people offend on bail. Continuous improvement means that not only are we implementing changes to the bail system as appropriate; we are always on the lookout for better information to support our decisions.
The government recognises the need for ongoing improved information about the criminal justice system in order to inform policymaking. The current case management system used by the law courts and tribunals does not generate reports indicating the extent to which persons on bail have reoffended or otherwise breached the bail conditions. The new integrated case management system, the ICMS, which is due to be implemented in 2018 for criminal cases, will support the production of more detailed reports. The government has asked that the feasibility of such reports be examined as part of the development of the ICMS.
Mr Assistant Speaker, the amendment that I will be moving today affirms the balance between the presumption of innocence, community safety, and respect for human rights in our system. We believe in the importance of maintaining these fundamental elements of our legal system. Our bail system is the result of extensive consultation; it has the support of our legal profession; and it is, most importantly, one that recognises that protecting the community is not just about keeping people in jail. Protection means making informed judgments about risk while protecting our right to be presumed innocent.
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