The bail benchbook is used by authorities to determine how to apply the state’s bail laws.
It was updated last week when tougher bail laws came into force, including a strike rule which targets youth offenders.
But the book is still instructing judges and magistrates to grant bail for accused youth offenders.
“A child should be released on bail wherever possible,” the guide states.
The guide appears to be in direct conflict with the bail reforms, which aim to put community safety first in Victoria.
Victorian Premier Jacinta Allan told reporters today the bail reforms have already resulted in a surge in people in custody.
She defended the bail guide and claimed the book did have community safety in mind.
“We are seeing that the tough new bail laws are making a difference. There has been an increase in both the number of adults and young people on remand,” Allan said.
“It is my expectation, in line with the guidance that has been released, that decision makers respect the fact that we have placed community safety as the highest priority in all bail-making decisions.”
Opposition Leader Brad Battin said the bail guidelines suggested it was “business as usual” in the court system.
Victoria is in the grips of a youth crime crisis, with underage car thieves in particular contributing to the worst numbers the state has seen in 20 years.
Young offenders are “overrepresented” in serious and violent crimes, including robberies and aggravated burglaries, police said last month.
And almost 50 per cent (47.7) of all aggravated burglaries were perpetrated by children.
