Bail debate returns as advocates point to Veronica Nelson inquest warnings

As Victoria’s courts report rising time spent on bail hearings, advocates say the state cannot separate the current bail debate from the coronial findings into the 2020 death in custody of Veronica Nelson.

In January 2023, Victorian coroner Simon McGregor described the state’s bail laws as a “complete and unmitigated disaster”, while delivering findings into Ms Nelson’s death.

Ms Nelson died at the Dame Phyllis Frost Centre on 2 January 2020 after being arrested over shoplifting-related offences and refused bail in the days before her death.

The coroner labelled her treatment by prison staff “cruel and degrading” and described her medical care as “inadequate” while making 39 recommendations.

And found the bail settings had a discriminatory impact on First Nations people and contributed to “grossly disproportionate rates” of remand.

Victoria Legal Aid said the coronial findings demonstrated an urgent need for change to address harm to First Nations people in the criminal justice system.

In a statement published after the findings, Victoria Legal Aid’s Dan Nicholson said: “We need a bail system that appropriately responds to risk.”

Against that backdrop, Court Services Victoria’s 2024–25 annual report says court time has been diverted from case finalisations to prioritise bail matters following legislative reforms.

The Victorian Government’s bail information page says reforms reinforce community safety as a key consideration and remove the principle that remand is a last resort for a child.