The bail justice system must be scrapped and magistrates should oversee after-hour hearings, Police Association secretary Ron Iddles said.
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Dimitrious "James" Gargasoulas was released by a bail justice despite police opposition last Saturday, five days before he allegedly killed and maimed pedestrians in Bourke Street, Fairfax Media revealed.
Detective Senior Sergeant Iddles, head of the police union, said bail justices should no longer be used and instead, magistrates should be on call to oversee cases.
"For too long we've done justice on the cheap whilst they've filled the void or the gap. We have modern technology now, we should have magistrates doing all remands," Senior Sergeant Iddles said.
He said magistrates were already available after-hours to make decisions on search warrant applications from police.
In cases in which a suspect is already on bail when arrested after-hours, police should have the power to automatically remand them in custody to then face a magistrate, he said.
Bail justices are volunteers who are called in after-hours, normally to police stations, to conduct hearings on applications for bail or remand in the immediate hours after suspects are arrested and charged.
To become a bail justice, an application is lodged with the Justice Department. There is a recruitment information session and then the person has to complete a police check, an interview, a probity check by the Honorary Justice Office and a training course before the Attorney-General recommends an appointment to the Governor in Council.
Senior Sergeant Iddles said "a lot" don't understand the Bail Act, which stipulates when an accused in custody is entitled to bail.
He called for the act and court system overall to be reviewed.
His comments come as Premier Daniel Andrews has convened a special cabinet sub-committee meeting on Sunday to consider more oversight of bail justices and tougher conditions for granting bail.
"Let's properly understand what's gone on here, and then let's make, if necessary, a change that is fundamental to honouring the legacy and memory of those who have died," Mr Andrews said.
Senior Sergeant Iddles said he knows of suspects who are on several sets of bail, meaning they have been arrested after committing crimes while on bail.
He said there was one man in the eastern suburbs who had been bailed eight times.
"How many times should they get bail?" he said.
"This review has got to look at the Bail Act, but also the court system overall; how many times can you have an adjournment but also, Legal Aid, we are charging more people, yet Legal Aid hasn't increased its staffing for several years.
"Sadly it takes a tragedy – look what happened with Masa Vukotic – and not a lot has changed."