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The bail application is a process which determines whether an accused person should be released from custody, on their signed undertaking that they will appear at Court to answer their charges. The alternative to bail (i.e. where the police oppose bail), is for the accused person to be held in custody while they await their Court date, or until such time that a legal representative can successfully apply for bail before a Magistrate.
The accused person must comply with the bail undertaking which can include conditions such as a reporting condition, curfew, or a surety. It is a criminal offence for the accused person to fail to appear at Court in accordance with their undertaking, fail to comply with a bail condition, or commit another offence while on bail. The accused person must be aware that breaching their bail undertaking may give rise to serious consequences, such as being re-arrested and remanded in custody.
The Bail Act 1977 (Vic) was amended in 2018 to include stricter conditions imposed on the bail applicant, which included a new legal test being introduced, in addition to further offences being made subject to these tests. Additionally, the amendments expanded the number of offences that fall into the exceptional circumstances category. This means that persons accused of low-level offences may be required to meet the highest bail test standards when applying for bail in addition to further offences being made subject to these tests. Additionally, the amendments expanded the number of offences that fall into the exceptional circumstances category. This means that persons accused of low-level offences may be required to meet the highest bail test standards when applying for bail.
This depends on the facts and circumstances of the accused person applying for bail, which may include:
This depends on the facts and circumstances of the accused person applying for bail, which may include:
The offence that the accused is charged with will determine whether a police officer can grant them bail, or whether their bail application will need to go to Court. In Victoria, if a Court hearing cannot take place within 24 hours of the accused’s arrest, and there are no legal grounds to refuse the bail application, bail must be granted, and the accused will be released from custody.
In Victoria bail laws are complex and any application for bail requires careful and thorough preparation. Whether you, a family member, or a friend, has been remanded in custody, or where there is an application for revocation of bail, our Criminal Lawyers at Executive lawyers can help. Contact us on (03) 8376 6209 to speak with one of our Criminal Lawyers today.
If your bail is granted, you must enter into a written undertaking to surrender into custody at the time and place of the hearing specified in the undertaking.
You may be released:
Common bail conditions include:
We will:
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Our team is dedicated and talented, and we pride ourselves on our client-focused approach and commitment to excellence. A matter handled by Executive Lawyers, is a matter that is in safe, confident, and capable hands.
Speak to a member of our team.
We are Executive Lawyers, your commercial, family, criminal, property, and immigration law specialists. With our strong drive and results driven mindset, we execute strong strategies to help our clients achieve the best outcome.
Our team is dedicated and talented, and we pride ourselves on our client-focused approach and commitment to excellence. A matter handled by Executive Lawyers, is a matter that is in safe, confident, and capable hands.