Two Ballarat lawyers have not proceeded with bail applications for their clients because there was a risk they would not meet the ‘compelling reasons’ test.
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Their clients, two woman aged 23 and 30, pleaded guilty to their charges at the Ballarat Magistrates Court on Thursday to avoid being remanded in custody.
The 30-year-old woman, Cindy Divine, pleaded guilty to shop theft charges, while 23-year-old Jade Gist pleaded guilty to driving charges.
Lawyer Scott Belcher, for Divine, told the court he was not confident compelling reasons could be met if his client applied for bail.
If the magistrate is not satisfied compelling reasons have been met, an accused person is remanded in custody until their next court hearing.
“I am not going for bail this morning because I wasn’t sure (my client) would satisfy the test,” Mr Belcher told the court.
“I feel I am forced to do a plea in the current climate.”
Magistrate Gregory Robinson said he did not want to rush into sentencing Divine, who has been a victim of domestic violence for a significant part of her life.
She has no prior criminal history in Victoria but there is a history in Tasmania, the court was told.
“If I defer sentence, I will find out a bit more about her,” Mr Robinson said.
Divine – who was very anxious, shaking and crying in the dock – was released on bail with the condition she comply with the Court Integrated Services Program.
Gist was sentenced and also released from custody.
New bail laws, which came into effect on July 1 and strengthened the tests for people to be granted bail, has been met with disapproval from lawyers.
Judicial officers are required to take more account of a person's potential risk to the community, which is putting extra pressure on the corrections system.
Ballarat lawyers have previously said the current bail test set an unrealistic target for courts to meet, while judicial officers have highlighted an issue with overcrowded police cells.
