Bail Act Reforms – 26 March 2025

Effective from 26 March 2025 the Bail Act 1977 was amended. The reforms result in a prioritisation of community safety, stricter bail conditions and the re-introduction of offences. 

Primary Changes and Impact

1. Maximising community safety 

The guiding principles provision under section 1B has been amended to introduce subsection 1AA, which states “The Parliament recognises the overarching importance of maximising, to the greatest extent possible, the safety of the community and persons affected by crime.”

While this addition may make bail applications more challenging, in circumstances where an accused offending is linked with substance dependency, it is open to argue that addressing the cause of offending behaviour, (e.g. CISP, DayHab, residential rehab or any other treatment support plan) would ultimately maximise the safety of the community. 

Importantly, while the amended added an overarching objective, it did not remove the fact that Parliament still recognises the importance of: 

(b) taking account of the presumption of innocence and the right to liberty; and

(c) promoting fairness, transparency and consistency in bail decision making; and

(d) promoting public understanding of bail practices and procedures.

2. New Offences

a. Committing an indictable offence while on bail

Section 30A which was the offence to commit Schedule 1 or Schedule 2 offence while on bail, has been replaced with Section 30B, which introduced the offence to commit indictable offence while on bail. This offence was previously removed in March 2024. 

This offence only applies if it occurred on or after the commencement of the act, being 26 March 2025. 

For example, if an accused is on bail for any offence and is later charged with an indictable offence, such as possession of a drug of dependence, they may now also be charged under section 30B. 

The charge carries a maximum penalty of 30 penalty units or 3 months imprisonment.  

b. Contravene a bail condition offence

This offence has now been included in schedule 3 of the Bail Act 1977, which means there is no longer a prohibition on refusing bail on this charge under s 49F of the Summary Offences Act 1966. 

3. Remanding children – No longer a last resort 

Section 3B deals with bail determinations in relation to children. Section 3B(b) has been amended as follows: 

(b) the need to impose on the child the minimum intervention required in the circumstances, with the remand of the child being a last resort;.

This change reflects a significant shift in the approach to bail and juveniles – now holding children in custody is no longer considered as a last resort. 

4. Police Procedures

If an individual has been placed under arrest for breach of a bail condition, police officers can bring accused individuals to the court directly, during court-sitting hours. Previously they were required to go through a bail justice before taking them directly to court during court-sitting hours. 

5. This Bail Act applies

To avoid any doubt section 34B, states that the amendments which came into effect on 26 March 2025 (except those made by section 8) apply to all applications and appeals made on or after the commencement of the amendment, regardless of when the offence was alleged to have occurred.

The bail reforms reverse many of the changes made in March 2024 and reflect a new approach that considers incarcerating individuals equates to enhanced community safety.  Moving forward, bail applications maintain a crucial part of our justice system and practitioners are encouraged to stay apprised of developing case law and commentary to bolster applications.