Reforms to the bail system Specifically, the amendments: create a reverse onus (meaning that the onus shifts to the accused person to convince the court that they should be released, rather than detained, while awaiting their trial) to target serious repeat violent offending involving weapons.
How the bail system works. When a person is arrested, they are entitled to a bail hearing within 24 hours of their arrest, regardless of what they have been charged with. The bail hearing determines if they can be released from custody until their trial date.
If an accused person is not released by police, the accused must be brought before the court for a bail hearing. The court (judge or justice of the peace) decides, based on the evidence and submissions of the parties, whether to detain or release the accused, with or without conditions.
The reforms come into force on January 4, 2024. The amendments make targeted changes to the Criminal Code 's bail regime to address serious repeat violent offending with firearms, knives, bear spray and other weapons.
Bail is when a person charged with a criminal offence is released from custody while awaiting their trial. An individual can be released with or without conditions that they must follow during their release. Not everyone who is charged with a crime receives bail.