started · updated
Queensland introduces bill to shift bail onus of proof
Queensland Attorney-General Deb Frecklington has introduced the “breach bail, go to jail” bill to parliament, a move intended to fulfill an election promise by the Crisafulli LNP government.
The legislation proposes a new offence for both adults and children who commit a series of crimes while on bail or after failing to appear in court. Under this bill, the burden of proof would shift; instead of prosecutors proving why bail should be denied, the accused would be required to prove why they should be granted bail a second time. The offence would carry a minimum 12-month prison sentence.
Government explanatory documents acknowledge that the changes may be viewed as reversing the onus of proof and could limit the practical enjoyment of the presumption of innocence. The proposal has faced criticism from Greens MP Michael Berkman, while the government has downplayed concerns regarding the impact on the state's prison system.
Entities
Crisafulli government · Deb Frecklington · Michael Berkman · Queensland
Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] Individuals charged with the new offence must prove why they should be granted bail, shifting the burden from the prosecution. www.smh.com.au
- [○ 1 SOURCE] The proposed amendments limit the practical enjoyment of the presumption of innocence. www.smh.com.au
- [○ 1 SOURCE] The proposed bail laws are a fulfillment of an election promise by the Crisafulli LNP government. www.smh.com.au
- [○ 1 SOURCE] The bill creates a new offence for individuals who commit multiple crimes while on bail or after failing to appear in court. www.smh.com.au
- [○ 1 SOURCE] The new offence carries a minimum 12-month jail sentence. www.smh.com.au
- [○ 1 SOURCE] The new laws may be viewed as reversing the onus of proof if a broad interpretation of the presumption of innocence is applied. www.smh.com.au