Common questions about bail in Victoria.

Bail is the release of a person who has been charged, usually on conditions, while their matter moves through the courts, rather than being held in custody until it is finished.

When a person is charged with an offence, a decision has to be made about whether they are released into the community while the matter is dealt with, or held in custody. Bail is that release, and it is almost always granted on conditions. The question is decided under the Bail Act 1977 by police, a bail justice, or a court. Being on bail allows a person to keep working, stay with their family, and prepare their matter properly, which is why a bail application matters.

If bail is refused, the person is remanded in custody. A further application may be possible if there are new facts or circumstances, and a Supreme Court application may also be available.

If bail is refused, the person is remanded in custody until the matter is finished or bail is granted at a later point. That is not necessarily the end of the question. A further application to the same court is possible where there are new facts or circumstances that were not before the court the first time. Separately, an application can be made to the Supreme Court of Victoria. Which option is available, and whether it is worth pursuing, is assessed on the specific matter.

It is the test in every bail decision: bail must be refused if there is an unacceptable risk the person would fail to appear, commit an offence, endanger someone, or interfere with a witness.

The unacceptable risk test is central to the Bail Act 1977. The decision-maker must refuse bail if satisfied that, if released, the person would pose an unacceptable risk of failing to appear at court, committing an offence while on bail, endangering the safety or welfare of a person, or interfering with a witness or otherwise obstructing the course of justice. A bail application is built to show that any such risk can be managed to an acceptable level through conditions and the person's own circumstances. For serious charges, an applicant must also clear the compelling reason or exceptional circumstances test before the court reaches this point.

A further application to the same court is possible where there are new facts or circumstances. An application to the Supreme Court of Victoria may also be available.

A court will generally not hear a second bail application on the same material. A further application to the same court is possible where there are new facts or circumstances, or a material change since bail was last considered. That might include a change in the person's accommodation, the resolution of a related matter, or new information bearing on the risk. Independently of that, an application can be made to the Supreme Court of Victoria. The right path depends on what has changed and on the charge involved.

Bail is treated as urgent. Where a person is in custody, an application is prepared and made as quickly as the material can be gathered and the court can hear it.

Bail matters are time-critical, and Tringali Lawyers treats them that way. Where a person has been remanded, the priority is to gather the material that addresses the risk, prepare the conditions and any surety, and have the application heard as soon as the court list allows. If someone you know has been charged and is in custody, call 0432 651 326 directly rather than using the enquiry form, so the matter can be assessed straight away.