The Queensland Parliament has recently passed a Bill which is to amend the Bail Act. These changes will significantly alter the law with respect to the issue of bail for persons charged with domestic violence offences.
The changes to the law follow several high profile domestic violence incidents including the tragic death of Ms Terresa Bradford, who was killed by her estranged husband after he had been granted bail in relation to an alleged violent assault on Ms Bradford.
The changes include:-
- The reversal of the presumption of bail for a person charged with a relevant domestic violence offence;
- The introduction of special Conditions (including the requirement to wear GPS tracking devices) which can be included as part of any grant of bail for a relevant domestic violence offence;
- The notification for victims of any grant of, or variation of bail;
- The staying of any order granting bail for up to three business days where the Prosecution appeal the decision granting bail.
While the changes are expected to address concerns held for victims of domestic violence, the amendments could also result in alleged perpetrators spending many months in prison on remand before their cases are heard and decided. This could lead to the very real possibility that a person could be found not guilty of a charge but still have spent many months in prison.
If you, a family member or a friend is charged with a domestic violence offence or if you have been served with an Application for a Protection Order, please do not hesitate to contact our office and speak with one of our experienced solicitors.
