Re Scott (Bail Application)

Case [2025] VSC 607


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2025 0223

MADELEINE SCOTT Applicant
v 
VICTORIA POLICE Respondent

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JUDGE:

Gorton J

WHERE HELD:

Melbourne

DATE OF HEARING:

23 September 2025

DATE OF RULING:

24 September 2025

CASE MAY BE CITED AS:

Re Scott (Bail Application)

MEDIUM NEUTRAL CITATION:

[2025] VSC 607

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CRIMINAL LAW – Application for bail – Where applicant is charged with drug trafficking, possessing various drugs of dependence and driving dangerously in suburban areas while pursued by police – Where applicant already on bail and subject to community corrections order for Schedule 2 offences – Whether exceptional circumstances exist – Where applicant is eight months pregnant with her first child – Where pregnancy has complications and is associated with additional stressors in custody – Where applicant is able to access appropriate antenatal treatment in custody – Where period of remand unlikely to exceed any sentence imposed – Where applicant has access to stable accommodation and other supports in the community – Exceptional circumstances established – Whether applicant poses unacceptable risk – Where applicant has access to mental health and drug treatments support in the community – Where applicant has demonstrated a willingness to act unlawfully even while under supervision by relevant authorities – Where applicant submits she will not revert to her drug lifestyle because of her pregnancy – Where applicant has told falsehoods about her drug use to supervising authorities and drug treatment supports – Where foetus is not ‘other person’ for purpose of assessing unacceptable risk of endangering safety or welfare of any other person, but future child is – Unacceptable risk of committing Schedule 2 offence – Unacceptable risk of endangering the safety or welfare of any other person – Bail denied - R v Boulton (2014) 46 VR 308 – Bail Act 1977 (Vic) ss 3AAA, 4A, 4E – Interpretation of Legislation Act 1984 (Vic) s 38.

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APPEARANCES:

Counsel Solicitors
For the Applicant Mr Michael Stanton SC Law and Advocacy Centre for Women
For the Respondent Ms Jennifer McGarvie Victoria Police

Contents

A.. Introduction

B.. The applicant’s background.

C.. The applicant’s criminal history

D.. Events since her release from custody on 14 January 2025

E... The legal tests

F... Are there exceptional circumstances?

G.. Unacceptable risk

H.. Disposition

HIS HONOUR:

A               Introduction

  1. Madeleine Scott, the applicant, is a 28 year old woman who is pregnant with her first child and has been remanded in custody since 17 August 2025. She now applies for bail on charges for offences alleged to have been committed on 21 July 2025 and 17 August 2025. The applicant is already on bail for charges for offences alleged to have been committed on 13 April 2025 though, I am told, there is an application to revoke bail on those charges before the Magistrates’ Court. She is also subject to a community correction order which expires on 13 July 2026.

B               The applicant’s background.

  1. The applicant has a history of exposure to…

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AGLC
Re Scott (Bail Application) [2025] VSC 607
Case
[2025] VSC 607
Decision Date

CaseChat Overview and Summary

The respondent, Ms Scott, was before the court on an application for bail, charged with drug trafficking, possession of various drugs of dependence, and dangerous driving while pursued by police. Ms Scott was already on bail and subject to a community corrections order for Schedule 2 offences. The court was required to determine whether exceptional circumstances existed for granting bail and whether Ms Scott posed an unacceptable risk of committing further offences or endangering the safety or welfare of any other person. The court also needed to consider the potential impact of her eight-month pregnancy on the assessment of risk.

The court acknowledged that Ms Scott’s pregnancy, which had complications and was associated with additional stressors in custody, constituted exceptional circumstances warranting consideration for bail. Despite these circumstances, the court found that Ms Scott posed an unacceptable risk of committing Schedule 2 offences and endangering the safety or welfare of any other person. The court noted her willingness to act unlawfully even while under supervision, her history of providing false information to supervising authorities and drug treatment supports, and the likelihood that the period of remand would not exceed any sentence imposed. The court was not satisfied that Ms Scott would not revert to her previous drug lifestyle due to her pregnancy, and it found that the future child would be at risk if bail were granted.

The court denied bail based on the unacceptable risk Ms Scott posed of committing further offences and endangering the safety or welfare of any other person. The court considered the relevant provisions of the Bail Act 1977 and the Interpretation of Legislation Act 1984, applying the principles from R v Boulton (2014) 46 VR 308. The court noted that the foetus was not an "other person" for the purpose of assessing risk, but the future child would be. Consequently, the court concluded that the risk to the future child warranted the denial of bail.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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