In Victoria, any person who has been charged with an offence is entitled to bail, assuming they have not been charged with an offence punishable by imprisonment or an offence under the Summary Offences Act. The Bail Act 1977 outlines these conditions.
There are limits on who may receive bail, and some of the aspects that are considered when assessing bail include the seriousness of the offence, the likelihood of the defendant to reoffend, pose a threat to the public and the likelihood of the defendant to attend court.
How to Apply For Bail
Section 8 of the Bail Act 1977 outlines the process for applying for bail. Bail applications are generally made to a court, and the court in which you need to apply to may differ depending upon what your charges are, as well as other factors. The Magistrates Court, County Court or Supreme Court of Victoria is where bail applications are usually heard.
Police bail can be applied for by a person charged with an offence, or a person who has been charged or released from detention and who had previously been detained for investigation of an offence. Applications for bail may be made to either the Police Officer above the rank of sergeant, or another officer acting in this capacity.
Bail is not available where a person has been arrested on a warrant that specifically contains a no bail clause; however, for a person that is either prohibited from obtaining bail, or not granted bail, they must be brought before a court as soon as reasonably possible on the day after arrest, and no later than 4pm on that day. Bail may then be applied for in Court.
Section 9 of the Bail Act 1977 outlines the conditions applicable to bail. The primary condition of bail is that you are required to return to court for your court date. You may also be required to attend a Police station on assigned days to report, avoid association or contact with certain people, or attend a rehabilitation clinic.
Surety for Bail
Section 9 of the Bail Act 1977 outlines surety for bail. Bail is a surety – or a written promise to return to court – in cases where a defendant wishes to be released from custody whilst awaiting trial or sentencing. Bail is usually accompanied by the lodging of a large sum of money, which is only returned after the Court has dealt with the defendants charges, and only if the defendant complies with his or her bail conditions.