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Reforms to target those accused of serious Domestic Violence offences
ABC NEWS (Australia)
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5/14/2024
The New South Wales government is introducing sweeping changes to make it harder for people accused of serious domestic violence offences to get bail. New legislation will also ensure those who are granted bail will be electronically monitored.
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00:00
These laws are designed to better protect the victims of domestic violence and to address
00:06
the problem of people who are charged with domestic violence offences committing fresh
00:09
crimes while out on bail.
00:11
They mean that soon those charged with the most serious domestic violence offences including
00:16
sexual assault, kidnapping, some strangulation offences as well as coercive control will
00:21
have to show cause as to why they should not be kept in custody on remand as opposed to
00:25
the onus being on the prosecution to prove why they should be.
00:29
Now until now that's a high threshold that's only been reserved for the most serious of
00:33
crimes things like murder and child sexual assault.
00:36
For those who are granted bail under those circumstances they will be subject to electronic
00:41
monitoring via ankle devices.
00:43
The Premier Chris Minn says the details of exactly how that scheme are going to work
00:47
are yet to be worked out.
00:49
The system doesn't currently work in any jurisdiction other than in a trial phase and as a result
00:56
in Australia's largest jurisdiction we have to stand it up.
00:59
It also needs to be remembered however that the vast majority of the proposed legislative
01:04
changes that we are introducing will be switched on as soon as the legislation passes.
01:09
So the reversal of the presumption for bail for serious domestic violence offences will
01:14
be switched on as soon as the legislation passes.
01:17
There's also a range of other changes which will apply to domestic violence offences more
01:21
broadly so for example registrars will no longer be able to make bail decisions including
01:26
on weekends, those decisions will have to be made by a magistrate in domestic violence
01:30
cases.
01:31
Those magistrates will also have to take an alleged offender's red flag behaviour into
01:36
account so things like stalking or animal cruelty and they'll also have to consider
01:40
the views of the victim and their families.
01:42
Now these changes have come about after a string of high profile domestic violence cases
01:47
including the tragic death of Forbes woman Molly Ticehurst last month.
01:51
The Attorney-General Michael Daley says he spoke to Molly Ticehurst's father yesterday
01:55
afternoon and it was a very sad and serious conversation in which Molly Ticehurst's father
02:02
welcomed these changes.
02:03
The changes have also been more broadly welcomed by advocacy groups but they say changes to
02:08
bail laws are only one thing that will help drive down domestic violence rates.
02:12
There's also a need for more sweeping changes in other areas as well as more funding for
02:17
domestic violence services.
02:18
[BLANK_AUDIO]
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