New bail laws in Victoria will lead to greater criminalisation of Aboriginal and other marginalised communities, and more people dying in custody, an open letter says, as the Victorian government faces growing opposition to their decision to abandon bail reform.

Last week, Premier Jacinta Allan responded to criticism around youth crime from sections of the media, police and the Opposition by abandoning bail changes introduced as a direct result of the death in custody of Indigenous woman Veronica Nelson in 2020.

On Monday, the Victorian Aboriginal Legal Service (VALS), along with 91 representatives of Aboriginal Community-Controlled Organisations (ACCOs), community services, family violence and legal sectors, released an open letter condemning the "knee-jerk" laws.

"We know they will lead to greater criminalisation of Aboriginal communities and other marginalised communities. Granting bail saves lives. Any bail reform must align with, and not detract from, Poccum's Law," the open letter states.

Poccum's law, named after the childhood nickname of Ms Nelson, is a series of reforms around bail - some previously adopted, and now abandoned - pushed by advocates, including Aunty Donna Nelson, Veronica's mother.

The news laws will remove bail as a last resort for youth offenders in custody, which is a principle of the United Nations Conventions of the Rights of the Child, as well as a recommendation from the Royal Commission into Aboriginal Deaths in Custody (RCIADIC), which Australia has ratified.

It was previously added to the amended Bail Act two years ago.

The new laws also elevate community safety to "the overarching principle for bail decision-making for offenders of all ages" and make it a separate crime to commit an indictable offence while on bail.

The changes, which Labor MPs and insiders have privately and publicly said came about as a result of the optics from the public around increased crime and community safety, have dismayed advocates and experts, who say years of successful campaigning for reform have been discarded at the drop of a hat.

"It is a sad day in the colony to have to yet again advocate for Victoria's bail laws to be safer and not discriminate against our community," says VALS' chief executive Nerita Waight.

An at times fierce critic of the government's backflips around Indigenous-led reform - often without consultation with the Aboriginal community - Ms Waight said the laws will be part of Ms Allan's legacy of mistakes.

"Your proposed bail laws will mark a dark stain in Victoria's history, where you clearly haven't learnt from past mistakes and instead seek to entrench and criminalise our people," she said.

Ms Allan accepts that as a direct consequence of the new changes, to be introduced by the government into Parliament this week, the number of young people on remand will rise.

"That is because we have to intervene. Repeat bail is not creating the change we need to see," she told The Age on the weekend.

Currently about half of the children and young people on detention in Victoria are sentenced, and half are on remand.

The open letter calls for no bail law amendments for children or adults until a full statutory review can take place in 2026, further investment in therapeutic bail support options, ensure people are not locked up on remand for offences unlikely to result in imprisonment, and exclude non-violent and summary offences from any bail law changes that further restrict access to bail.

"I lost my daughter Veronica because of harsh and discriminatory bail laws. Without her, the 2023 bail reforms would not have happened, and because of Poccum's Law we created a safer bail system for all Victorians," Aunty Donna Nelson said.

Her daughter, a Gunditjmara, Dja Dja Wurrung, Wiradjuri, and Yorta Yorta woman, died in custody in 2020 in a "vomit ridden" prison cell from a rare gastrointestinal condition. An inquest into her death heard Coroner Simon McGregor describe the then-bail laws as an "unmitigated disaster".

Last week, Premier Allan said these changes were, in hindsight, "wrong". Ms Nelson said such comments were an "insult to my daughter's memory".

"Returning to discriminatory legislation towards our people will undoubtedly result in another mother losing their child," she said.

The bail changes will be welcome news for the Herald Sun newspaper, the powerful police union, and social media influencer Bec Judd, who have been outspoken in their criticism of Victoria's rising crime rate and supposed government inaction. The state has seen a sharp spike in property crime, which experts say is being driven by a group of young, highly recidivist offenders.

Crimes committed by youths have reached a 15-year high in the past 12 months.

The duplicity of this Government fronting Yoorrook and now desperately introducing these draconian bail reforms is just breathtaking. Including removing the principle of detention being a last resort for children? This will result in deaths in custody. It's a disgrace. #springst

— Mike Stanton (@mdstanton) March 11, 2025

Aunty Marion Hansen and Chris Harrison, co-chairs of the Aboriginal Justice Caucus, say the new laws, which will also see it become a separate crime to commit an indictable offence while on bail, go against the Royal Commission into Aboriginal Deaths in Custody, as well as the lived experience of Aboriginal people.

Mirroring comments made by experts, they say the laws, if enacted, will "undoubtedly result in more deaths in custody".

"Our communities are already severely over-represented in the justice system, and any changes to bail laws that ignore the systemic barriers we face will only worsen this crisis," they said.

"The government's refusal to engage with Aboriginal peoples and understand our realities risks deepening the injustices we endure, perpetuating a cycle of over-incarceration and harm."

Last week, the Productivity Commission's Closing the Gap data highlighted the failure of several states to help close the gap on Indigenous incarceration - both youth and juvenile. Advocates say governments enacting laws entirely contradicting the agreement have only exacerbated this.

Despite having one of the lowest incarceration rates in the country, experts say the gap will only widen under the new laws.

Ms Waight said the community remained strong and would continue to fight for Veronica Nelson, Poccum's Law, and all those who have passed away in custody or "wasted away in prison without support".

"The fight is not over," she said.

"No justice, no peace."