Page 461 - Week 02 - Wednesday, 15 February 2017
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As Mr Archer concluded:
To call for a review now serves only to cause unease when our bail laws already provide very strong protections for the community.
I move:
Omit all words after “That this Assembly”, substitute:
“(1) notes that:
(a) the ACT’s bail system demonstrates a strong focus on protecting victims of domestic and family violence and other serious crimes;
(b) the Government has continually monitored its bail laws and process and introduced targeted, necessary reforms in response to reviews in the ACT and around Australia over time;
(c) in decisions about bail, the Courts receive full criminal histories including previous breaches of bail and consider these factors in making a decision about whether to grant bail;
(d) the Government is working to improve its information about the criminal justice system, including to implement the new Integrated Case Management System which will provide better statistics about court cases; and
(e) the ACT Government recognises and is committed to upholding the presumption of innocence in the criminal justice system. The ACT’s bail laws and procedures have been designed to provide for community safety in a way that is human rights compliant; and
(2) calls on the Government to continue to monitor developments, including inquiries and reports, around Australia for ways to improve the ACT’s bail legislation, as part of its commitment to continuous improvement of the justice system.”.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Justice, Consumer Affairs and Road Safety, Minister for Corrections and Minister for Mental Health) (11.53): Bail is a very important part of the criminal justice system. The bail process has to balance several competing and complex principles. At one level the availability of bail is intended to reflect the rights of the accused. One of the foundations of our legal system is that a person is innocent until proven guilty. The bail process considers whether an accused person can be released into the community or whether they have to go into remand, that is, to be imprisoned before they have been proven guilty. This is, of course, a very important consideration.
It is interesting to note that already, for most crimes in Australia, people do not receive sentences of imprisonment. They most often receive one of the variety of sentences that divert people from prison, such as fines, suspended sentences, good behaviour bonds or intensive correction orders. That is one aspect of this debate that
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