Victoria’s bail system is failing its most vulnerable: the victims of violent crime. While offenders benefit from legal protections that prioritise their right to bail, victims are left to deal with trauma, fear, and the reality that the justice system does not adequately safeguard their safety. Home invasions, carjackings, and violent robberies committed by repeat offenders out on bail have become alarmingly common. If Parliament does not act swiftly to strengthen the state’s bail laws, more lives will be shattered by a system that fails to keep dangerous criminals off the streets.
The devastating impact on victims
For many victims, the experience of a violent crime does not end once the offender is arrested. The psychological damage of home invasions, armed robberies, and carjackings often lingers for years. Many victims suffer from post-traumatic stress disorder (PTSD), depression, and anxiety, struggling to feel safe even in their own homes.
In Melbourne’s southeast, a family was terrorised during a home invasion in which armed offenders stormed their house in the middle of the night, holding them at knifepoint. The offenders were later arrested, but to the family’s horror, they were granted bail. The father, speaking to the media, said: “How can I protect my family when the law won’t? My kids wake up screaming every night, and the people who did this are walking free.”
This is not an isolated incident. Repeat offenders granted bail continue to terrorise communities, leaving victims feeling helpless and abandoned by the system. The justice system’s primary function should be to protect the innocent, yet in Victoria, it too often seems to prioritise the rights of offenders over the safety of the public.
A revolving door of justice: How bail fails victims
Victoria’s bail system operates under a presumption that most accused individuals should be released unless they pose an “unacceptable risk.” In practice, this threshold is “too low”, allowing offenders charged with violent crimes to return to the streets. Even when police strongly oppose bail, judges are often forced to grant it unless Parliament has legislated otherwise.
Police officers have expressed their frustration at seeing the same offenders arrested, released, and then arrested again within days. One officer described arresting a 17-year-old offender who had breached bail multiple times, only for the magistrate to grant him bail yet again. The teenager was later involved in another violent carjacking while on bail.
These failures embolden criminals who have learned that they can commit crimes with little consequence. Worse, victims are left reeling from the knowledge that the system is not designed to protect them. When a person is attacked, robbed, or threatened in their own home, they have a right to expect that the offender will be held accountable—not that they will be given the opportunity to reoffend while awaiting trial.
Legislation dictates bail decisions: Police and judges have their hands tied
It is important to recognise that police and judges do not make the law—they enforce it. Judges cannot simply deny bail based on gut instinct or public outrage; they are bound by what Parliament has legislated. Under Victoria’s current Bail Act, judges must grant bail unless prosecutors prove that an accused person poses a severe risk.
This means that even when a judge believes an offender is likely to reoffend, they may still be required to grant bail if the legal test is not met. This is not a failure of individual judges or magistrates—it is a failure of the laws they are required to apply.
In contrast, other Australian states have tougher bail laws that better protect victims. In New South Wales, offenders with a history of violent crimes are subject to a presumption against bail, meaning they must prove why they should be released, rather than the prosecution proving why they should be detained. Queensland recently tightened bail laws after a youth crime wave led to public outrage, making it far harder for repeat juvenile offenders to secure bail.
Victoria, however, has lagged behind in implementing similar reforms. The state’s failure to adapt to rising violent crime means that police and courts are forced to release dangerous individuals simply because the law does not allow them to do otherwise. Unless bail laws are strengthened, victims will continue to pay the price for a system that does not prioritise their safety.
What must change: Key reforms to protect victims
To restore public confidence and ensure victims are protected, Victoria must immediately reform its bail laws. The following changes should be implemented:
1. Tougher bail conditions for violent repeat offenders
Victoria must expand the presumption against bail for violent repeat offenders. If an individual has already committed violent crimes while on bail, they should automatically be remanded in custody unless they can prove that they do not pose a danger to the community.
2. Greater judicial transparency
Judges should be required to publicly state their reasons when granting bail to violent offenders. If an accused person on bail commits another crime, the community deserves to know why they were released in the first place. This will ensure that judicial decisions reflect public safety concerns and allow for greater scrutiny of bail rulings.
3. Consider victims’ rights in bail decisions
Victims should have a formal role in the bail process. The law should mandate that victim impact statements be considered in bail hearings, ensuring that judges hear directly from those who have suffered at the hands of offenders. If an accused person’s release poses a continued threat to their victims, that should weigh heavily against granting bail.
4. Stronger bail compliance and enforcement
For those who are granted bail, strict conditions should be imposed, including electronic monitoring, curfews, and frequent police check-ins. Additionally, bail breaches must be treated seriously, with automatic remand for anyone who violates bail conditions.
Balancing rights: The case for targeted bail reform
Some argue that bail should not be denied too easily, as people are innocent until proven guilty. While this principle is important, it must be balanced against the safety of the community. A targeted approach is needed—one that distinguishes between non-violent, first-time offenders and habitual violent criminals.
Victoria has already acknowledged this distinction by denying bail for those charged with murder, terrorism, and aggravated home invasions. It is now time to expand this approach to include violent repeat offenders who pose a significant risk to public safety.
It is also crucial to ensure that bail reform does not disproportionately impact low-risk or disadvantaged individuals. The goal should not be to overcrowd prisons with first-time or minor offenders, but to prioritise public safety by keeping violent, repeat offenders off the streets.
Conclusion: Reform bail laws to protect victims
Victoria’s soft bail laws have failed to protect victims, allowing dangerous offenders to reoffend while awaiting trial. The trauma inflicted by home invasions, carjackings, and violent assaults does not disappear once an offender is arrested—it is worsened when victims see their attackers walk free on bail.
Judges and police cannot fix this problem alone. The law must change to ensure that community safety is prioritised over habitual offenders’ right to freedom. Stricter bail conditions, greater transparency, and stronger victim protections are urgently needed to prevent further tragedies and restore public confidence in the justice system.
Parliament must act now. The cost of inaction is more innocent lives destroyed by a system that refuses to put victims first. Victorians deserve better.
