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| Madam Speaker, I move that the bill be now read a second time. The purpose of this bill is to amend section 7A of the Bail Act which provides a presumption against bail for certain offences. The amendment provides a presumption against bail for persons who are charged with committing a serious violence offence, and who have been found guilty of committing a serious violence offence in the past five years. The presumption applies to both adults and youths. The bill also amends section 38 of the Bail Act, to provide that a court must revoke bail if a person charged with a serious violence offence, despite the presumption against bail, has been granted bail and the court finds that the person has failed to comply with a bail undertaking or bail condition. ‘Serious violence offences’ is defined in the Bail Act. The definition covers all the offences in the Criminal Code that include violence or unlawful sexual contact and that are punishable by a term of imprisonment of five years or more. Aggravated assault causing serious harm, rape, indecent dealing with a child under 16, robbery, manslaughter, are all examples of the serious violence offence as defined in the Bail Act. The Bail Act currently provides a presumption against bail for certain persons charged with a serious violence offence. However, the provision applies only to adults and only in circumstances where that adult is already on bail for a serious offence and has previously been found guilty of a serious offence or a serious violence offence. The proposed amendment reviews the distinction between adults and youths. It also provides that the presumption of bail applies at an earlier stage so, if a person has a conviction for a serious violence offence, then that presumption against bail applies, if they are charged again within five years. This government is concerned with the impact that violent crime is having in our community. This bill has been developed to send a clear message to those people who have already been found guilty of committing a serious violence offence that they cannot expect to get bail if they are charged with another serious violence offence within five years of the prior offence. It does not matter if they are adults or youths, there will be a presumption against bail being granted. If bail is granted, despite the presumption against bail, and a bail undertaking or condition of bail is breached - for example, by failing to turn up at court or not abiding by a curfew or not reporting to police – then the court must revoke bail and remand that person in custody. That is the effect of the proposed amendment to section 38. Section 38, as it currently stands, provides only that a court may revoke bail for a person who is in breach of an undertaking or condition. The amendment removes the discretion where a person has been charged with a serious violent offence. I commend the bill to honourable members and table a copy of the explanatory statement. Debate adjourned. |