This advice deals with broader systemic issues that arise directly out of the consideration of the operation of the bail system.

At the moment, the greatest individual difficulty in the operation of bail and remand matters in the Magistrates’ Court is the failure to produce accused at court, either in person or by audio visual link. The simple cause of this situation is that there are not enough custodial places available in Victoria. One of the difficulties which arises is that prisoners are serving sentences in police cells, including in the Custody Centre at the Melbourne Magistrates’ Court.

The changes recommended in this report should reduce the number of people on bail and therefore less warrants may issue as a result of failure to answer bail. Allowing some indictable offences to be dealt with in the absence of the accused should also reduce the number of warrants for cases in which a summons was issued.

The author also makes recommendations on the information which should be provided to any bail decision maker. The author concludes the Bail Act does need to be rewritten, but identifies some aspects that could be reviewed or improved if a rewrite is conducted.