Bail Application

Find a bail application lawyer in Melbourne 

Need to run a bail application? We have offices in Frankston, Geelong, Ringwood, Moorabbin, Dandenong and the Melbourne CBD in close proximity to the local Magistrates’ Courts. We routinely appear before the prosecutors and Magistrates sitting at these courts. We are well placed to assist if you require a bail application to be listed in any of these localities or in any locality in Melbourne and greater Victoria.

Bail is a complicated area of law governed by the Bail Act of Victoria. There are a number of different tests that relate to bail, including:

The test that is applicable to your case depends on the type and number of charges that you are facing. The tests are intermingled, the law is complicated, confusing and technical and there is an inexhaustible list of relevant factors that will either mitigate for or against the granting of bail.

If you have a close relative or friend who requires a bail application to be made on their behalf, we can help. We have run hundreds of bail applications and understand the emotional impact associated with having a loved one locked up without notice.

If you need assistance with a bail application anywhere in Melbourne, call our office to make an appointment with one of our criminal lawyers today.

What is bail and what is remand?

Bail is the process whereby a person who has been arrested and charged is released from police custody back into the community whilst awaiting the next court hearing.

If bail is refused, then the arrested person is remanded in custody pending the next court hearing.

In the Magistrates’ Court it can be many months between arrest and hearing. Even longer in the higher courts. So the issue of bail is critical from the perspective of the Accused.

In deciding whether to grant bail, the police or the court must balance competing considerations. In many cases the decision can be very difficult, as it can be seen as an assessment of future risk. Get more information in relation to bail application procedure.

Bail as a conditional freedom

If bail is granted, the Accused is released from custody, but their release is subject to conditions. The conditions are imposed to alleviate any perceived potential risks once the Accused has been released.

Common bail conditions include:

  • Residing at a specified address;
  • Curfew;
  • Periodic reporting to the police station;
  • Not being able to leave the state and/or country; and
  • Not being able to associate with witnesses or co-accused.

Implications of denial of bail

If bail is refused, the Accused is remanded in custody. However, being held in custody whilst awaiting the next court date can have serious implications. Just as the courts regard the use of prison as a ‘last resort’ in sentencing, remanding a defendant in custody should also be regarded as a last resort.

The key case law in relation to bail

  • Re Asmar [2005] VSC 487 – Relationship between show cause and unacceptable risk as a one step process
  • DPP v Harika [2001] VSC 237 – Meaning of unacceptable risk, show cause and overlap
  • DPP v Ghiller [2002] VSC 435  – Meaning of unacceptable risk, show cause
  • DPP v Mokbel (No.3) [2002] VSC 393 – Delay as exceptional circumstance
  • R v Nezif [2005] VSC 17 – combination of factors can ‘show cause’
  • DPP v Tong (2000) 117 A Crim 169; [2000] VSC 451 – no definition of exceptional circumstances
  •  R v Sanghera [1983] 2 VR 130  – hearsay evidence admissible in bail hearing
  • Re Jack Zoudi [2006] VSCA 298  – bail pending appeal
  • Stephan Zade Abbott (1997) 97 A Crim R 19 – Combination of factors can constitute exceptional circumstances
  • R v Light [1954] VLR 152 – Common law presumption of bail

When bail can be granted

Bail can be granted at any stage of the criminal process from the point of arrest through to the trial, sentence and final appeal.