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Bail, risk and law reform: a review of bail legislation across Australia


Bartels, L and Gelb, K and Spiranovic, C and Sarre, R and Dodd, S, Bail, risk and law reform: a review of bail legislation across Australia, Criminal Law Journal, 42, (2) pp. 91-107. ISSN 0314-1160 (2018) [Refereed Article]

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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.

Item Details

Item Type:Refereed Article
Keywords:law reform, bail, risk, bail legislation
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Criminal law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Law reform
UTAS Author:Bartels, L (Ms Lorana Bartels)
UTAS Author:Spiranovic, C (Dr Caroline Spiranovic)
ID Code:124421
Year Published:2018
Web of Science® Times Cited:9
Deposited By:Law
Deposited On:2018-02-21
Last Modified:2018-12-07

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