Traditionally, the idea of bail meant that someone accused of a crime had the right to be free until their trial. But over nearly fifty years, that has shifted dramatically, with bail now used as a tool for crime prevention.

Jurisdictions across Australia are adopting more punitive bail laws – with Victoria just passing what it calls “the toughest laws in the country”.

The government says it’s about community safety, but legal and human rights experts warn that these changes will put more children in custody, disproportionately affect First Nations people, and potentially increase deaths on remand.

Today, legal academic, Dr Marilyn McMahon, on how media pressure and politics are reshaping bail – and what it means for justice.

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Guest: Professor in Deakin Law School, Dr Marilyn McMahon.

Photo: AAP Image / Con Chronis

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