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Stronger bail laws aimed at DV perpetrators

Western Plains App

Kristin Murdock

15 May 2024, 9:20 PM

Stronger bail laws aimed at DV perpetratorsAlleged domestic violence perpetrators will now find it harder to get bail under new law reforms.

Tuesday night's Federal Budget threw a lifeline to women escaping domestic violence.


The Government will put in place $5000 in financial support to help women leave a violent partner – including $1500 cash and $3500 in goods and services – under the Leaving Violence Program - a $925.2m investment over five years.

 

This week also saw the announcement of legal reforms making it more difficult for those accused of serious domestic violence to get bail.


 

Domestic violence is high on the list of crimes across the Western Plains, closely followed in many cases by the associated crime of 'Intimidation, Stalking and Harassment'.

 

New reforms include reversing the assumption of bail for offenders - instead they will need to demonstrate why they should be in the community.


This will apply to serious DV offences including sexual assault, strangulation, kidnapping or coercive control (which will be a criminal offence as of July 1st).

 

Premier Chris Minns said these new reforms will make it more difficult for alleged domestic violence offenders to get bail.


“These are long overdue, targeted and will help keep women and children safer," Mr Minns said.


NSW government's $230 million emergency domestic violence package to  include bail law changes and integrated support service - ABC News

Premier Chris Minns has so far announced two major packages aimed at reducing domestic violence. IMAGE: ABC


Other changes include requiring electronic monitoring of people charged with serious domestic violence who are on bail and expanding the categories of offences for which bail decisions can be ‘stayed’.


That means the accused person remains in custody while prosecutors challenge their release in the Supreme Court. This will act as an additional safeguard to prevent the release of dangerous domestic violence offenders.


For all other domestic violence related offences, laws will require bail decision-makers to consider, where relevant:


  • domestic abuse risk factors, including ‘red flags’ such as behaviour that is physically abusive or violent; behaviour that is sexually abusive, coercive or violent; behaviour that is stalking; behaviour that causes death or injury to an animal; behaviour that is verbally abusive; behaviour that is intimidation.


  • the views of victims and their family members, where possible, about safety concerns for all domestic violence offences.



Changes to make it easier to prosecute perpetrators who use tracking and surveillance devices as a tactic to maintain control over their victim are also on the cards as well as changes to weekend bail courts across NSW, to ensure bail decisions are made by magistrates (for example, using audio visual links) with consultation on the design and rollout of the scheme.


NSW Bureau of Crime Statistics and Research (BOCSAR) notes that domestic violence number in Western Plains local government area remain at the top of the list of local offences, with statistics as of January 2024 as follows - Walgett (200), Bourke (179), Coonamble (119), Lachlan (77), Narromine (73), Warrumbungle (72), Brewarrina (61), Warren (53), Gilgandra (37), Cobar (28) and Bogan (26), .


Our people | Full Stop Australia

Karen Bevan, Full Stop Australia.

 

Full Stop Australia is an organisation that works with the NSW government to end sexual, domestic and family violence.


They have acknowledged that these bail law reforms are in accordance with a large and well-established evidence base and hope this drives further reform that prioritises the safety and wellbeing of victim-survivors of sexual, domestic and family violence.

 

“We are broadly supportive of these changes, which respond to known risks in serious domestic and family violence matters." Karen Bevan, CEO of Full Stop Australia said.


"As the government has recognised, reforming bail laws won’t end the sexual, domestic and family violence crisis. But ensuring that bail decisions appropriately prioritise victim survivor safety, and considers well-established risk factors, is one of many important steps."

 

"We commit to continuing to work alongside the government to increase safety and support to victim-survivors of these most heinous crimes. These reforms must be backed in by increased resourcing of the sexual, domestic and family violence frontline services sector, rapid deployment of housing options, and increases to income and employment supports for people seeking safety."

 

Call the NSW Domestic Violence Line for free counselling and referral services. Available 24 hours, 7 days a week. Call 1800 656 463.

Call Emergency Triple Zero (000) if you or your children are in immediate danger.