: Bail Applications
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
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  VLR 152). This accords with ss.21(2) and ss.21(6) of the Victorian Charter of Human Rights and Responsibilities 2006.