Bail, Risk and Law Reform: A Review of Bail Legislation across Australia

Lorana BARTELS, Karen Gelb, Caroline Spiranovic, Rick  Sarre, Shannon Dodd

Research output: Contribution to journalArticle

Abstract

In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne's Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State's bail system, as well as a major review of Victoria's bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria's bail laws are arguably the most onerous in Australia. This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.
LanguageEnglish
Pages91-107
Number of pages17
JournalCriminal Law Journal
Volume42
Issue number2
StatePublished - 2018

Fingerprint

bail
law reform
legislation
Law
justice
prosecution
pedestrian
amendment
director
appeal
reform

Cite this

BARTELS, L., Gelb, K., Spiranovic, C., Sarre, R., & Dodd, S. (2018). Bail, Risk and Law Reform: A Review of Bail Legislation across Australia. Criminal Law Journal, 42(2), 91-107.
BARTELS, Lorana ; Gelb, Karen ; Spiranovic, Caroline ; Sarre, Rick  ; Dodd, Shannon . / Bail, Risk and Law Reform: A Review of Bail Legislation across Australia. In: Criminal Law Journal. 2018 ; Vol. 42, No. 2. pp. 91-107
@article{2fd766db55a34b7296c02ca97710d6b9,
title = "Bail, Risk and Law Reform: A Review of Bail Legislation across Australia",
abstract = "In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne's Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State's bail system, as well as a major review of Victoria's bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria's bail laws are arguably the most onerous in Australia. This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.",
author = "Lorana BARTELS and Karen Gelb and Caroline Spiranovic and Rick  Sarre and Shannon Dodd",
year = "2018",
language = "English",
volume = "42",
pages = "91--107",
journal = "Criminal Law Journal",
issn = "0314-1160",
number = "2",

}

BARTELS, L, Gelb, K, Spiranovic, C, Sarre, R & Dodd, S 2018, 'Bail, Risk and Law Reform: A Review of Bail Legislation across Australia' Criminal Law Journal, vol. 42, no. 2, pp. 91-107.

Bail, Risk and Law Reform: A Review of Bail Legislation across Australia. / BARTELS, Lorana; Gelb, Karen; Spiranovic, Caroline ; Sarre, Rick ; Dodd, Shannon .

In: Criminal Law Journal, Vol. 42, No. 2, 2018, p. 91-107.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Bail, Risk and Law Reform: A Review of Bail Legislation across Australia

AU - BARTELS,Lorana

AU - Gelb,Karen

AU - Spiranovic,Caroline

AU - Sarre,Rick 

AU - Dodd,Shannon

PY - 2018

Y1 - 2018

N2 - In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne's Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State's bail system, as well as a major review of Victoria's bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria's bail laws are arguably the most onerous in Australia. This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.

AB - In January 2017, six people were killed and at least 30 injured when Dimitrious Gargasoulas drove his car into pedestrians on Melbourne's Bourke Street mall in an apparently deliberate attack. In the aftermath, community shock turned to outrage when it emerged that Gargasoulas had been released by a Victorian bail justice only days before. Within days, the Victorian Government announced changes to the State's bail system, as well as a major review of Victoria's bail laws, to be undertaken by former Director of Public Prosecutions, Justice Paul Coghlan, currently a judge in the Victorian Court of Appeal. Following the Coghlan review, Victoria's bail laws are arguably the most onerous in Australia. This article presents a discussion of recent reforms to bail laws around Australia. It argues that amendments to bail legislation across the country reflect shifting views on the purposes of bail and the principles underlying the bail system.

M3 - Article

VL - 42

SP - 91

EP - 107

JO - Criminal Law Journal

T2 - Criminal Law Journal

JF - Criminal Law Journal

SN - 0314-1160

IS - 2

ER -