Bail and Youth Justice Legislation Amendment Bill 2025

The Bail and Youth Justice Amendment Bill 2025 amends the Bail Act 1982 and the Youth Justice Act 2005.

The Bill was introduced and passed on Wednesday 30 April 2025.

Amendments to the Bail Act 1982:

Rewords the existing presumption against bail in section 7A (2) to make it clear that the starting point for offences captured by this section is a position of no bail;
Inserts a new section 7A(2AA) to ensure that when a court is balancing the considerations as to why a person should be granted bail the paramount consideration is whether release of the accused on bail is a risk to the safety of the community;
Provides an additional test in section 7(2AB) to be considered in determining whether to grant bail under s7A of the Bail Act so that bail must not be granted to a person unless the court has a high degree of confidence that the person will not. if released. commit a serious violence offence or prescribed offence or endanger the safety of the community.
Strengthens the youth bail criteria by removing the requirement for an authorised member or court to take into consideration all other options before remanding the youth in custody (relating to the principle of keeping a youth in custody as a last resort). and the need to minimise the stigma to the youth resulting from being remanded in custody

Amendments to the Youth Justice Act 2005

Amends the general principles of the Youth Justice Act 2005 that must be taken into account in the Administration of the Act. The general principle that a youth should only be kept in custody for an offence (whether on arrest. in remand or under sentence) as a last resort and for the shortest appropriate period of time is removed.

The amendments will commence on 7 May.

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