GOVERNMENT TAKES TOUGHER STAND ON BAIL LAWS

The Government will tighten the law to make it harder for repeat offenders to get bail.

In other steps, more information about defendants' record of behaviour while on bail will be available to the courts in future and the current assorted bail provisions will be brought together into a single new Bail Act.

Ministry of Justice statistics suggest the rate of offending, particularly violent offending, while on bail has risen noticeably in the last eight years. Justice Minister Tony Ryall says that trend justifies a more stringent approach to bail.

"Currently it is not unusual for a defendant charged with an offence while on bail to be granted further bail. This damages the credibility of the justice system. We want to try and ensure that offenders who commit crimes while on bail are more likely to be remanded in custody."

Under existing law, anyone charged with a serious violent offence, who has a record of such offending, must convince the High Court there are grounds on which they should be granted bail. Now the government has decided that the same onus of proof should extend to any defendant who has a prison record and who is charged with a serious offence while already on bail for another serious offence. A serious offence is defined as one carrying a custodial sentence of three years or more.

A Ministry of Justice review of bail laws released last year showed that District Court judges are sometimes dealing with bail applications before the prosecution has had time to prepare its input.

"The best possible information is needed for the courts decision-making process," said Mr Ryall.

To help the courts reach sound bail decisions, the Department for Courts new computerised record system will be used to build up an easily accessed database. Profiles of criminals' bail performances will identify those offenders with a track record of ignoring their bail terms and reoffending whilst on bail.

"This additional information should improve the quality of bail decisions and reduce the rate of offending while on bail," said Mr Ryall.

Legislation will be prepared for introduction to Parliament this year.