Child sex offenders who plead guilty would be expected to stay in custody under State Government bail reforms

Child sex offenders who plead guilty to their crimes would be expected to remain in custody until they are sentenced under proposed changes to WA’s bail laws revealed by Attorney General John Quigley. On Tuesday, the Advertiser reported that Albany man Peter Edward Grocoe, 19, had been granted bail in the Albany Magistrate’s Court after pleading guilty to child rape. Grocoe pleaded guilty to two counts of aggravated sexual penetration without consent and two counts of aggravated indecent assault. The circumstances of aggravation in his charges included that the victim was over 13 and under 16. Under WA law, a child under the age of 16 cannot legally consent to a sexual act. Police did not oppose bail. Grocoe is due to appear at the Albany District Court in March for sentencing. Yesterday, in the wake of a community backlash over the report, the Advertiser asked Mr Quigley whether the State Government would consider introducing legislation to prevent people who plead guilty to serious child sex offence getting bail. Albany man pleads guilty to child rape, walks free on bail Mr Quigley said he had already obtained Cabinet approval for sweeping changes to the Bail Act that would make it much harder for alleged or convicted child sex offenders to get bail. He said a re-elected McGowan Government would make the introduction of the bail reforms a priority in 2021. “Cabinet has recently approved the drafting of amendments to the Bail Act to ensure that it will be far more difficult for anyone charged with sex offences against a child to get bail,” he said. “The protection of vulnerable children will be given the utmost priority. “Our proposed amendments will ensure that where a person has been convicted of an offence either by a plea of guilty or a verdict of a jury, the presumption will be that the offender will be remanded in custody awaiting sentence.” The planned reforms were prompted by the death of 11-year-old Annaliesse Ugle, who took her own life in October after her alleged rapist Peter Humes was granted bail after his arrest. “Every West Australian was moved and saddened by the tragic death of young Annaliesse Ugle,” Mr Quigley said. “While we still await a report from the Coroner, we believe it is appropriate that the best possible measures are put in place as soon as possible to ensure in future that the vulnerability of child complainants of sexual abuse are considered at each step of the process. “The court will be expressly required to take into account the vulnerability of an alleged child victim and the impact on the welfare of the child if the alleged offender is not kept in custody. “Further, the court will be required to have particular regard to the conduct of the accused person towards any victim of the alleged offence — or family member of that victim — after the alleged offence.” News of the proposed changes to the Bail Act comes after Shadow Police and Justice Minister Peter Katsambanis called for an “urgent review” into why Albany police prosecutors did not oppose Grocoe’s bail when he had already pleaded guilty. “It beggars belief,” Mr Katsambanis said yesterday. “Unfortunately, decisions like this are now becoming far too frequent. “The Albany community has every reason to be outraged that they are now exposed to the risks of further offending from someone who has already admitted to such serious crimes and is now free to roam the streets until March next year. “The Liberal Party has previously committed to not grant police bail to people who have been charged with child sex offences. The Government has refused to act. “If the guidelines under which the prosecutors are operating do not direct them to oppose bail in such circumstances, then they need to be amended immediately.”