+61 3 8376 6209

CRIMINAL LAW

Request a callback

Or Call

MON-FRI: 9:00AM – 6:30PM

A friendly member of our team will be in touch with you at a time of your choosing.

*Sorry, we do not accept requests for legal aid at this time.

Bail Applications

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.

Compelling Reasons

This depends on the facts and circumstances of the accused person applying for bail, which may include:

  • A stable address;
  • Their suitability for a bail support program;
  • A weak prosecution case; and/or
  • The likelihood that time spent in remand would exceed the sentence imposed.

Exceptional Circumstances

This depends on the facts and circumstances of the accused person applying for bail, which may include:

  • The strength of the case against the accused;
  • Issues with the investigation;
  • Undue delay in bringing the matter to trial;
  • Strong support in the community;
  • Good prospects of rehabilitation;
  • The availability of residential rehabilitation, and
  • A monetary surety.

 

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.

Frequently Asked Questions

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:

  1. On your own undertaking without any other condition;
  2. On your own undertaking with conduct conditions; or
  3. With a surety or sureties for a specified amount, with or without conduct conditions.

Common bail conditions include:

  • Static Address – where you must reside at a particular address;
  • Curfew – where you must be at your place of residence between certain periods;
  • Reporting – reporting to a police officer at a set frequency, such as daily or weekly;
  • Non-Association – not to have contact with certain individuals, such as a prosecution witness or co-accused;
  • Surety – where a sum of money is provided to the Court as a security may be forfeited if you do not attend the Court hearing as per your undertaking.

We make things easy, efficient, and worry-free. Talk to us today.