Will new NT bail laws work?

LETTER TO THE EDITOR

Talking tough on crime is a very different proposition to actually addressing crime in the community.

When devastating crimes are committed by people on bail, governments [are likely to] consider tightening bail laws.

But will this work to keep the community safe?

If tougher bail laws worked to reduce crime, then jurisdictions like the Northern Territory and Queensland – which already have among the most restrictive bail frameworks in the country – would be the safest places in Australia.

But that is not what the evidence shows.

What we know is that the experience of prison, especially for people on remand who have not been sentenced, makes it more likely – not less – that they will go on to reoffend.

Recent data from Northern Territory Corrections shows the prison population has surged by 24% since September last year.

Half of those in prison in the NT are now being held on remand — with 400 additional un-sentenced people behind bars over the same period.

NT Justice Reform Initiative coordinator Kirsten Wilson cautioned that judges and magistrates must be trusted to weigh up the complex and individual circumstances of each case, including the need to protect community safety.

When governments legislate to remove or restrict that discretion, we risk doing significant damage to the very principles on which a fair and effective justice system is based — including the presumption of innocence until proven guilty.

We cannot afford a policy approach that feels tough but doesn't work.

The Government must also understand that law reform is only ever a small part of shifting a structural and social problem and any changes to legislation must be balanced with greater and targeted investment in bail support services, community programs and First Nations-led initiatives that work to address offending behaviours and keep communities safe in the long term.

Dr Mindy Sotiri, Executive Director, Justice Reform Initiative.

Image from JRI website.