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Bail review needed to deal with ice problem which is like a 'terrorist cell', Senator Nick Xenophon says.

A call for a nation-wide review of bail laws by South Australian Senator Nick Xenophon after Melbourne’s deadly car attack has been dismissed by the Law Society of South Australia.

Senator Xenophon has called for a “root and branch” review of bail laws and a reversal of the presumption of bail if a person was using the drug ice.

Currently, under South Australia’s Bail Act bail should be granted unless there are good reasons for it to be refused.

Senator Xenophon said his proposal would protect the community from offenders and also lead to the person’s treatment.

“There’s an argument that the bail laws in this state and around the country should be changed so there is a presumption against bail if you are on are ice, unless there are special circumstances to be released,” he said.

“The key issue here has to be community safety and I make no apology for saying that a crystal meth lab has the same potential to cause damage to the community as a terrorist cell — given what this drug can do to people and given the impact it can have on people and, in turn, it can lead to acts of violence.”

He said parents of ice users had told him it was hard to get their children treatment.

SA’s bail system working ‘effectively’

Law Society of South Australia president Tony Rossi said the state’s bail system was different to the one which operated in Victoria.

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The Victorian Government has announced a shake up of its system, which currently uses trained volunteer bail justices after hours, whereas in South Australia police officers can grant a person bail in the first instance and it is denied they an application can be made to the Magistrates Court.

Mr Rossi said South Australia’s bail process was “very quick”, usually within 24 hours, and a further review to the Supreme Court was not common.

“I haven’t seen the sort of concern of outcomes of bail applications in South Australia that we have seen interstate … I wouldn’t translate difficulties interstate to South Australia without good evidence of it,” Mr Rossi said.

“In the society’s prospective, the bail laws in SA are working effectively … that’s not to say a situation may arise that causes you to think about it and review.

“The bail laws in South Australia seek to strike the appropriate balance between the protection of the community and the reality that if someone is charged with an offence it doesn’t mean that person has committed the offence.”

He said he also had not seen evidence that would “justify putting someone who is taking ice in a special category” as magistrates take into account factors such as the risk of further offending, breaching an order and whether a person is a serious risk to themselves.

This post originally appeared on ABC News.


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