Bail Bill 2021

The proposed Bail Bill 2021 represents an alarming departure from the human rights-based and long-standing legal principle that bail should be granted as the default, with only limited circumstances justifying refusal. If enacted, it will disproportionately affect people who are already in vulnerable circumstances and will place yet more pressure on a criminal justice system that is already under strain.

TasCOSS believes the Bill should be withdrawn or that it be amended to retain the presumption in favour of bail. 

Key Recommendations:

  • That the Bill be withdrawn, or that it be amended so that it retains the presumption in favour of bail.
  • Conduct a review of education for judicial officers on family violence offences to ensure that education incorporates the latest evidence, is conducted on a mandatory and regular basis and that it includes the voices of people with lived experience of family violence.
  • That the Department of Justice commit to making submissions it receives to public consultations publicly available, as near as possible to the time they are received.