Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
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Actions to be taken when bail is denied
That in jurisdictions where this is not already the position:
a) Where police bail is denied to an Aboriginal person or granted on terms the person cannot meet, the Aboriginal Legal Service, or a person nominated by the Service, be notified of that fact;
b) An officer of the Aboriginal Legal Service or such other person as is nominated by the Service, be granted access to a person held in custody without bail; and
c) There be a statutory requirement that the officer in charge of a station to whom an arrested person is taken give to that person, in writing, a notification of his/her right to apply for bail and to pursue a review of the decision if bail is refused and of how to exercise those rights.
Priority for Further Work:
High
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Legislative changes related to bail refusal
Amend legislation in the Crimes Act to include notification to the Aboriginal Community Justice Panels and the role of the ACJP. Amend other legislation to ensure that any denial of bail by a decision-maker is clearly outlined with reasons provided.
Accountability mechanisms
The Victorian Government and Victoria Police to amend legislation and the Victoria Police Manual to:
- Mandate that bail hearings occur in a timely manner.
- Ensure that people in custody are offered a meaningful and timely opportunity to speak with VALS and the ACJP. The person in custody must understand the offer being made to them, and the roles of the ACJP and VALS.
Collect data on time people spent in custody
Victoria Police to provide data to the AJC about the time people spent in custody and whether they accessed VALS or ACJP services.
Implement the recommendations of significant previous inquires
Listen to and implement the recommendations of significant previous inquires including the Yoorrook for Justice Report and the Commission for Children and Young People’s Always Was, Always Will be Koori Children, Our Youth, Our Way, In Our Own Words and Out of Sight reports as a matter of urgency.