People accused of "serious" domestic violence offences will soon face a higher threshold for securing bail and if granted, the NSW government also proposes to electronically monitor them.
The proposed laws, to be announced today, will also help prosecutors keep alleged offenders behind bars while they challenge a magistrate's decision to grant them bail.
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The government will expand the categories of offences "in which a prosecutor can stay proceedings in the New South Wales Supreme Court if they believe an individual has been granted bail in error and represents a risk to a victim survivor".
For other domestic violence-related offences, the presiding judicial officer has to consider the views and safety of the victim and risk factors present in evidence.
Under the proposed laws, magistrates will be required to make certain bail decisions instead of registrars, and they'll make it easier for police to prosecute people who secretly spy on their partners.
The proposed legislation will reverse the presumption of bail for those accused of serious domestic violence offences, requiring them to "show cause" as to why they should not be detained, rather than the prosecution needing to prove they should.
Currently, only those accused of the most serious offences including murder, the sexual assault of a child and commercial-scale drug production have to meet such a high threshold to get bail.
"Serious" domestic violence offences will be those committed by an intimate partner that carry maximum sentences of 14 years or more, including sexual assault, strangulation with intent to commit a further offence, as well as kidnapping.
Coercive control, which becomes a criminal offence from July 1, will also be included.
The bail changes follow a string of high-profile domestic violence cases, including the death of 28-year old Molly Ticehurst, allegedly at the hands of a former partner who had been released on bail.
Premier Chris Minns said he was confident the changes would make it harder for those accused of domestic violence to reoffend.
"These are long overdue, targeted and will help keep women and children safer," he said in a statement.
While the government says it's responding to community concerns, the changes could put an even greater strain on the state's prison system.
New statistics from the Bureau of Crime Statistics and Research show the number of adults in custody for domestic violence offences is at an all-time high of 3,008, with over half on remand.
Mr Minns told ABC Radio Sydney he was confident removing the presumption of bail would not erode the presumption of innocence.
"There is a right for an individual for a presumption of innocence but there is also a right for victim-survivor of domestic violence to be free from intimidation, stalking or assault or potentially being killed at the hands of an intimate partner," he said.
"These are competing rights in our community and it is up to the government to get the balance right."
Electronic monitoring for those released
Electronic monitoring for alleged domestic violence offenders was among the measures Ms Ticehurst's family and friends had been calling for, along with the opposition.
The premier had previously warned it would be too difficult to monitor tens of thousands of alleged domestic abusers, so the government has reserved electronic monitoring for people granted bail on the most serious domestic violence offences.
If they manage to convince a magistrate they should be released, they will need to wear an ankle bracelet monitor, which can track them using GPS.
Some offenders will not be deterred by electronic monitoring, Mr Minns said.
"We need to take in consideration those individuals who don't care about the consequences of their actions, they are prepared to be arrested to either kill or injure or assault their previous partner," he said.
"Electronic monitoring for those individuals will not make a difference, it won't keep people safe.
"For that group of people, the only answer is prison."
Domestic Violence NSW senior policy officer Bridget Mottram welcomed the changes but warned they would need to be implemented carefully.
"The focus needs to be on the entire system, it all works together," she said.
"But bail is certainly that first point of contact where the offender is most angry because they have just been caught, so it is a point in time where victims can be the most unsafe."
She said there must be clear processes in place with electronic monitoring, including the way victim-survivors are notified if a monitor is cut off.
Electronic monitoring could not be a substitute for remand, she said.
"We agree that electronic monitoring can be a tool in the toolbox for bail, and recommend that we expand the domestic violence electronic monitoring," Dr Mottram said.
"But this is an extra layer of safety, not a reason to release an offender on bail when they would otherwise be kept on remand."
Attorney-General Michael Daley said the changes will mean the safety of victims is "the paramount consideration".
"We will continue to consult legal and sector stakeholders to strengthen the law, to better support the safety of women and children," Mr Daley said in a statement.
The proposed changes will also help police crack down on those who covertly monitor and track their partners using devices like AirTags.
Police currently have to seek approval from the Director of Public Prosecutions to prosecute those types of offences, but the government will seek to scrap that requirement.
Prosecutors given time to challenge
When Ms Ticehurst's alleged killer, Daniel Billings, was granted bail by a registrar, police were not able to keep him in jail while they challenged the decision.
The "stay of release" provision was only available for certain charges including murder and the sexual assault of a child, which carry potential life sentences.
The government now plans to expand the number of offences under which a bail decision can be "stayed", to give prosecutors time to challenge the release of someone accused of serious domestic violence offences.
The registrar granted Mr Billings bail on a weekend, when the availability of magistrates was limited.
The government will require more weekend bail applications to be heard by magistrates, via audio visual links, but says it is still consulting on the rollout plan.
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2024-05-13 19:41:26Z
CBMicGh0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDI0LTA1LTE0L3RpZ2h0ZXItYmFpbC1sYXdzLWFua2xlLWJyYWNlbGV0cy1kb21lc3RpYy12aW9sZW5jZS1jaGFuZ2VzLW5zdy8xMDM4NDIxOTTSAShodHRwczovL2FtcC5hYmMubmV0LmF1L2FydGljbGUvMTAzODQyMTk0
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