Victorian Premier Jacinta Allen introduced bail reform legislation to parliament today following a Change.org petition from radio presenters Fifi Box and Brendan Fevola calling for bail reform.
Dr Kathryn Daley
"Rushed policy is not good policy. And we certainly should not be having radio hosts shaping bail laws. Bail laws determine people's access to freedom and children's access to their parents. It is complex and community safety needs to be the priority. However, it is false to assume believe that tougher bail laws will impact community safety.
"There are may misconceptions around this topic.
"Jail is criminogenic - it is a causal predictor of crime. It is well established that coming into contact with prison increases a person's likelihood of reoffending. This reduces community safety, at extreme cost to the taxpayer.
"Crime rates are not conviction rates. Crime rates reflect police charge sheets, not what ends up at court and certainly not what ends up being found guilty. Because of the reporting on crime statistics, not conviction rates, the public are being misled to believe there is a huge crime wave, and offenders are all on bail.
"Bail and parole are different things. People on bail have not been found guilty. People on parole have been found guilty, served jail time, and are in the community with monitoring. To take away the presumption of bail is to take away the presumption of innocence, which is a very dangerous precedent in the criminal justice system.
"After the Bourke Street Massacre the Andrews Government made reforms to bail in haste. In the years that followed it was apparent that these had catastrophic unintended consequences, disproportionately impacting Indigenous people and women. Jails were overflowing with people who were never going to receive a custodial sentence, separating mothers from their children, disconnecting people from their communities. These extreme reforms were finally repealed in 2023 and here we are again, not having learned from the past. Prepared to kick around the poor in the latest desperate attempt to be seen to be 'tough' rather than be effective."
Dr Kathryn Daley is the Associate Director of the Social Equity Research Centre and member of the Women's Correctional Services Advisory Committee.
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