The concept of 'unacceptable risk' of reoffending under the Bail Act 1977 (Vic) does not concern merely any risk of reoffending; a high risk of comparatively minor offending may not amount to an unacceptable risk because it is a risk the community will tolerate. Bail conditions should not be imposed where the accused is intellectually incapable of compliance, as this creates a cascading cycle of escalating bail thresholds. The cascading operation of Schedules 1 and 2 of the Bail Act can produce disproportionate results when applied to intellectually disabled persons charged with trivial offences.
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