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02related terms
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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