: Bail Applications

Have you been charged with Indemnifying a Surety? With the aid of an expert criminal lawyer, you may be able to raise a number of defences against such a charge. Can the prosecution establish all the necessary parts of the offence? Were you aware the

Have you been charged with the Offence to Commit Indictable Offence Whilst on Bail? With the assistance of an expert criminal lawyer, you may be able to mount an effective defence to this charge. You should consider the following questions before telling a court how

Have you been charged with the Offence of Contravening Certain Conduct Conditions of your bail? If so, there are some questions you should consider that may be useful in developing a defence to your charge. Can the prosecution establish all elements of the offence? Were

Have you been charged with Failure to Answer Bail? If so, there are several questions you will need to consider: Can the prosecution establish all elements of the offence? Did you have a legitimate excuse for failing to comply with your bail conditions? Were you

New Facts and Circumstances Bail Should bail be initially refused by a Magistrate, the Accused can make a second application for bail in the Magistrates’ Court. However, under s.18AA, the court  will only hear the matter if the Accused was either not legally represented at

Exceptional Circumstances and Bail in Victoria: Section 4A of the Bail Act 1977 states that a bail decision maker must refuse bail for a person accused of a schedule 1 offence unless satisfied that ‘exceptional circumstances’ exist that justify the grant of bail. This makes

What is Show Compelling Reasons? “Show Compelling Reasons” is a reverse onus test in relation to bail in Victoria. In respect of this bail threshold, bail shall be refused unless the Accused can “show compelling reason” why their detention in custody is not justified. What

Show Cause – The second category of reverse onus is that where an Accused has been charged with one of a range of specific offences, then bail shall be refused unless the Accused can “show cause” why it would be unjust to remand him or

Presumption of bail, unless unacceptable risk  The starting point and underlying fundamental common law presumption is that all persons should be granted bail (R v Light [1954] VLR 152). This accords with ss.21(2) and ss.21(6) of the Victorian Charter of Human Rights and Responsibilities 2006.

What Happens at Court in Relation to Bail Procedure? The bail procedure in Victoria is as follows, where the police informant or a bail justice have refused to grant bail, the Accused must be brought before a court following their arrest and interview for a

In Victoria 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 until the matter