Qld’s ‘strongest bail laws in the country’ could reverse onus of proof

The Crisafulli government has conceded a new court test could be viewed as reversing the onus of proof and limiting the presumption of innocence for people charged with a draft bail-breach offence in its latest tough-on-crime push.

Attorney-General Deb Frecklington introduced the “breach bail, go to jail” bill to parliament on Thursday, creating a new offence for kids and adults who commit a series of other crimes while on bail or after failing to appear before a court.

Anyone charged with that offence will have to then prove why they should be granted bail a second time, reversing the usual onus on prosecutors to prove why bail should not be granted, and face a 12-month minimum jail sentence.

“The reversal of the onus may be viewed as a reversal of the onus of proof in criminal proceedings, if a broad interpretation of the presumption of innocence is adopted,” explanatory documents tabled alongside the bill state.

“The amendments also limit the practical enjoyment of the presumption of innocence.”

The bill sparked condemnation from Greens MP Michael Berkman, who said the laws would fail “just like the rest of the LNP’s rhymes dressed up as policy”. Labor has said it will consider the proposal.

Government figures again downplayed concern about any impact on already under-pressure prisons , in a media conference on Thursday afternoon with supporters including Bruce and Denise Morcombe and the Victims 1st group.

The Crisafulli government has been gradually revealing elements of the proposed laws since it was first raised by LNP candidate – and now MP – for the Townsville seat of Hinchinbrook, Wade Chiesa, during last year’s byelection.

Public sentiment around the government’s response to crime has soured across the past year , after a 2024 election campaign focused on claims of a crime “crisis” the LNP has suggested its law changes since have begun to address .

ABS data has shown victim numbers, a metric to which Premier David Crisafulli has tied his leadership, had already begun falling across the election year.

“This is the next step in the Crisafulli government’s returning safety and confidence to Queensland communities, just as we said would happen, and just as Queenslanders elected us to do,” Frecklington said in her speech introducing the bill.

She said the bill, which will now undergo public consultation through a parliamentary committee before a report due back by October 16, would see Queensland enact the strongest bail laws in the country.

Frecklington claimed a weakening of laws by the former Labor government had seen the risk posed by repeat serious offenders, both youth and adults, increase “exponentially”, justifying the need for the changes.

The bill will require an override of the state’s Human Rights Act, an “exceptional step” which a legally required statement to parliament said was necessary because of the prevalence of serious repeat offending on bail and the risk of harm this poses to the community.