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GlossaryCriminal Law

Bail

A court order allowing an accused person to remain out of custody while their matter is before the court, usually subject to conditions.

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May 2026reviewed
In detail

How bail works in practice.

Bail is governed by the Bail Act 1977 (Vic). When a person is charged and held in custody, they or their lawyer can apply for bail before the Magistrates' Court or a higher court. Bail may be granted unconditionally or subject to conditions such as reporting to a police station, surrendering a passport, residing at a specified address, or providing a surety. If bail is refused, the accused is remanded in custody. The court assesses whether the accused is likely to surrender at the next court date, whether they pose a risk to any person, and whether there is an unacceptable risk of offending while on bail.

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