Victoria's 'broken' bail laws explained


* Victoria's Bail Act was changed in 2018 following the 2017 Bourke Street rampage in which six people were killed by a man on bail

* A subsequent review, headed by Justice Paul Coghlan, made 37 recommendations, including establishing a permanent bail and remand court and the presumption against bail for serious offences

* The "reverse onus test" was designed to make it harder for people to get bail in more circumstances

* Under the change, the defendant must show "compelling reasons" or "exceptional circumstances" to be released on bail

* A broader range of offences were captured by the test, including aggravated home invasion and aggravated carjacking

* The test was previously only used for the most serious offenders but can now apply to those caught repeatedly carrying out low-level crimes, such as shoplifting

* Even if a defendant can show compelling reasons or exceptional circumstances, they can still be denied bail if a prosecutor proves they pose an "unacceptable risk" to the safety or welfare of any person, among other things

* The changes have disproportionately impacted Aboriginal Victorians and women

* 80 per cent of Aboriginal women in Victoria's prisons have been on remand at certain times, according to the Victorian Aboriginal Legal Service

* Corrections Victoria data shows the proportion of unsentenced prisoners in the state has risen from 34.1 per cent in January 2018 to 40.8 per cent in December 2022

* Almost 50 per cent of women prisoners are unsentenced, compared to 39.1 per cent four years earlier.