Last year – after months of pressure over youth crime, and claims the system had become too soft – Victoria passed what it proudly called the toughest bail laws in the country.

At the time, legal and human rights experts warned the laws would put more children in custody and disproportionately affect First Nations people.

Now, the Allan government is doubling down. In this week’s state budget, it said bail refusals were at record highs – and promised more money for corrections, faster youth crime hearings and a rewrite of sentencing laws.

But the deeper question hasn’t changed: should bail be a right or a tool for crime prevention?

Today, we’re returning to Daniel James’ conversation with legal academic Professor Marilyn McMahon on how media pressure and politics are reshaping bail – and what that means for justice.

This episode was originally published in March, 2025.

 

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Guest: Professor in Deakin Law School, Dr Marilyn McMahon

Photo: AAP Image/Con Chronis

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