The Briefing Are bail laws failing DV victims? + Controversial British Israeli influencer banned
Jan 27, 2026
Julia Quilter, a criminal law academic at the University of Wollongong who studies bail law, explains how bail decisions are made and why predicting risk is so hard. Short segments unpack when bail can be denied, limits of electronic monitoring, and why domestic violence cases pose special challenges. The conversation focuses on legal thresholds, red flags and the practical limits of keeping people safe.
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Purpose And Process Of Bail
- Bail exists to ensure accused people return for court and to uphold the presumption of innocence.
- Magistrates must balance that presumption against risks like further offending or endangering victims when deciding bail.
Two-Step Bail Risk Framework
- New South Wales uses a two-step approach: assess bail concerns then test if risks are unacceptable.
- For serious "show cause" offences accused must first prove detention would be unjustified before bail is considered.
Limits Of Pretrial Detention
- Most weekly bail decisions do not lead to serious reoffending, so detaining everyone charged is impractical.
- Holding more people on remand increases costs and delays across the justice system.