Legislative reforms that came into effect on 18 December 2024 are set to significantly transform the justice system, particularly regarding bail and the monitoring of offenders in family and domestic violence cases. These measures prioritise victim protection by requiring strict supervision and oversight of high-risk and repeat offenders. Below is a breakdown of the key provisions introduced under the new laws, with a particular emphasis on electronic monitoring.
Mandatory Electronic Monitoring for High-Risk Offenders
The law mandates the imposition of electronic monitoring for repeat and high-risk perpetrators of family violence who are granted bail or are under community supervision. This directive applies to courts and the Prisoners Review Board (PRB). Electronic monitoring is intended to ensure around-the-clock surveillance of offenders, thereby enhancing the safety of victims and complainants.
However, electronic monitoring can only be avoided in exceptional circumstances, at the discretion of the court or PRB. In such cases, the court must carefully determine the appropriate alternative safeguards, which could include imposing other supervision and monitoring conditions or declining to release the offender into the community altogether.
Scope of Offenders Subject to Monitoring
Types of offenders now subject to electronic monitoring under these reforms include:
- Individuals with a Family Violence Restraining Order (FVRO): Those accused or convicted of a further family violence offence while under an FVRO.
- Declared Serial Family Violence Offenders: Perpetrators who have been declared serial offenders and are accused or convicted of a family violence offence.
- Offenders Released Under Certain Orders: Individuals with an FVRO who are released from prison on an early release order or a post-sentence supervision order for a family violence offence.
Bail and Electronic Monitoring: A Significant Change
Perhaps the most noteworthy shift under the new legislation is the inclusion of electronic monitoring for individuals accused of family violence offences who are granted bail. This marks a significant change that means that accused persons are more closely scrutinised and monitored while awaiting trial.
To facilitate this, a dedicated team based at the Central Law Courts has been established to:
- Identify, screen, and assess offenders eligible for electronic monitoring conditions.
- Gather and provide relevant information to the courts in a timely and efficient manner.
Support for Complainants/Victims
The new laws also include measures to assist victims and complainants. The Office of the Commissioner for Victims of Crime now plays a more active role in these proceedings by:
- Advising the courts on appropriate exclusion zones tailored to protect victims and complainants from coming into contact with the accused person.
- Assisting victims and complainants in accessing the necessary support services provided by community organisations.
Integration Between Agencies
To ensure the smooth implementation and enforcement of this new framework, collaboration has been established between the Department of Justice and WA Police. This includes comprehensive information-sharing arrangements to track accused persons and offenders effectively and respond to breaches swiftly.
Under the new system:
- Adult Community Corrections officers stationed within the WA Police State Operations Command Centre monitor alerts generated by tracking devices.
- Any breaches or imminent threats of violence are addressed by police, who can intervene immediately.
Offences and Penalties Related to Monitoring Breaches
The legislation introduces specific offences for breaches of electronic monitoring conditions, ensuring strict compliance. It is now an offence to:
- Fail to wear an approved tracking device.
- Refuse to permit the installation of a tracking device at their residence or another specified location.
- Fail to keep the tracking device operational by not ensuring it is charged.
- Enter an exclusion zone without a reasonable excuse.
Violations of these provisions carry severe penalties, including imprisonment for up to three years and fines of up to $36,000.
Law Enforcement Powers
WA Police are given additional powers under these reforms, including the authority to arrest offenders without a warrant if they breach their electronic monitoring conditions.
Key Objectives
The reforms constitute a significant shift in the handling of high-risk family violence perpetrators, marking the largest expansion of monitoring to date. Accused persons on bail are expected to comprise the largest group subject to electronic tracking, integrating early intervention alongside victim support mechanisms.
Paxman & Paxman are a firm of criminal defence lawyers in Perth specialising in criminal law, traffic law, and restraining orders. If you need a criminal lawyer to assist with an application for bail or any other criminal law matter: give us a call on 1300 274 692 or fill out an online enquiry form today and one of our criminal barristers & solicitors will gladly provide you with legal advice on your matter. Our firm of criminal lawyers and barristers is one of the top firms in Perth providing representation on all types of criminal law matters including traffic law, assaults and drug cases.
