If you or a family member has been arrested and held in custody, a bail application is usually the most urgent step. The strength of the first application matters, because further applications may require new facts.
How bail works in Victoria
Bail decisions are made by police, bail justices or the courts under the Bail Act 1977 (Vic). For most charges, the question is whether the person poses an unacceptable risk, for example of failing to appear, reoffending or interfering with witnesses. For certain serious offences, the accused must first show compelling reasons or exceptional circumstances before bail can be granted.
Preparing a strong application
- A stable address, and someone who can provide a surety if needed.
- Evidence of employment, study, family responsibilities and health needs.
- Proposed conditions that address the court’s concerns, such as reporting, curfews or not contacting certain people.
- For non-citizens, addressing any concern about leaving Australia, for example by surrendering passports.
After bail is granted
Bail conditions must be followed strictly. Breaching bail can itself be an offence and can lead to being remanded in custody until the case finishes.
Related reading
Contact us
If you or a family member has been contacted by police, arrested or charged, get advice before you do anything else. Call Chua Tan Associates on +61 3 9602 3988 or email chuatan@tpg.com.au. Our office is at Level 2, 262 Queen Street, Melbourne. We act in courts across Victoria and advise in English, Mandarin and Cantonese.
Chua Tan Associates, Barristers, Solicitors & Notary Public, Melbourne. General information about Victorian criminal law only, not legal advice for your situation.
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