Melbourne Bail Application Lawyer

Bail allows a person charged with a criminal offence to be released from custody until their case is finished, on condition they follow the conditions set and attend court. Bail in Victoria is governed by the Bail Act 1977, which has been tightened through several rounds of amendments since 2025, and community safety is now expressly of overarching importance. A lawyer can prepare a bail application quickly, gather evidence such as accommodation, surety and treatment arrangements, propose workable conditions and explain to the court why bail should be granted.

Key points

• Since 26 March 2025, the Bail Act states that maximising the safety of the community and people affected by crime is of overarching importance.
• The most serious offences (Schedule 1) attract the exceptional circumstances test and Schedule 2 offences the show compelling reason test, with the onus on the applicant. From 26 August 2025, more serious offences were moved into these tests.
• Every case must pass the unacceptable risk test: whether the accused would endanger community safety, reoffend, interfere with witnesses or evidence, or fail to appear.
• From 30 September 2025, a person already on bail for certain very serious offences who is charged again with such an offence faces a high degree of probability test; from 31 March 2026, alleged indictable offending while on bail generally attracts the compelling reason test (with exceptions).
• Since 26 March 2025, committing serious offences while on bail and breaching bail conditions are again separate criminal offences for adults.
• After bail is refused, a further application to the same court generally requires new facts or circumstances since the last application.

How is bail decided?

After arrest, police may grant bail themselves, or bring the person before the Magistrates' Court (or a bail justice out of hours). Bail decisions usually follow two steps:

• Step one — threshold tests for certain offences: if the charge falls into a category that attracts the exceptional circumstances or compelling reason test, the applicant must satisfy it first.
• Step two — unacceptable risk: the prosecution must satisfy the court there is an unacceptable risk, otherwise bail should generally be granted; even where there is risk, the court considers whether conditions can reduce it to an acceptable level.

The court must consider all relevant circumstances, including the nature and seriousness of the offending, the strength of the prosecution case, criminal history and past compliance with bail, whether the person was on bail or subject to an intervention order at the time, personal circumstances and vulnerabilities, the victim's views, the likely time in custody and the likely sentence.

Key Victorian bail changes in 2025–2026

Victoria passed the Bail Amendment Act 2025 and the Bail Further Amendment Act 2025, which commenced in stages: from 26 March 2025, community safety became of overarching importance and, for adults, offending on bail and breaching bail conditions became offences again; from 26 August 2025, more serious offences moved into the exceptional circumstances or compelling reason tests; from 30 September 2025, the high degree of probability test was introduced; and from 31 March 2026, alleged indictable offending while on bail generally attracts the compelling reason test. These changes do not mean automatic remand — bail remains a discretionary decision in each case — but applications are clearly harder, and preparation matters more.

Common bail conditions

Courts can set conditions to reduce risk, such as living at a specified address, reporting to a police station, a curfew, surrendering a passport, not going to an airport or leaving Australia, no contact with witnesses or the complainant, staying away from certain places, attending treatment or counselling, and a surety. Conditions must be proportionate to the risk. For example, where an accused holds a temporary visa and has family overseas, the court may be concerned about flight risk; a lawyer can propose passport surrender, regular reporting and a surety from local family or friends.

What if bail is refused?

After bail is refused, a further application to the same court generally requires new facts or circumstances since the last application — for example new accommodation, a surety or a treatment place. A further application may also be possible if the person was unrepresented last time, or if bail was refused by a bail justice. A person in custody can also apply to the Supreme Court for bail. Because further applications are restricted, the first application should be thoroughly prepared.

Special considerations for visa holders

For international students and temporary visa holders, being in custody can affect course attendance and visa conditions, and if a visa expires or is cancelled while in custody, immigration detention may become an issue. When preparing bail, the visa position should be checked so it can be explained to the court and follow-up immigration advice can be arranged.

Frequently asked questions

My family member has been taken by police — when will there be a bail hearing?

If police refuse bail, the person generally has to be brought before a court or bail justice as soon as practicable. Family should contact a lawyer early and gather accommodation and surety details.

Can you still get bail after the 2025 reforms?

Yes. Bail is still decided case by case and remand is not automatic, but the tests are clearly stricter for serious offences and offending on bail, so more thorough preparation is needed.

What happens if I breach my bail conditions?

Bail may be revoked and you may be remanded. For adults, breaching certain bail conditions is also a criminal offence and will affect future bail applications.

What is a surety responsible for?

A surety promises to pay a set amount if the accused does not comply with bail, and should know and have some influence over the accused. The court checks whether the surety is suitable.

Can I reapply straight after bail is refused?

A further application to the same court generally needs new facts or circumstances; an application can also be made to the Supreme Court. Discuss the best timing with your lawyer.

If you or a family member are dealing with a bail application, getting advice early usually leaves more options open. Call Chua Tan Associates on 03 9602 3988 to meet us at our Melbourne CBD office (Level 2, 262 Queen Street) or by video. We speak Mandarin, Cantonese and English. This page is general information only and is not legal advice.

Reviewed by Justin Chua, Lawyer, Chua Tan Associates | Last updated: October 2026