Bail
What is bail in Victoria?
In Victoria, bail allows the temporary release of an individual charged with a criminal offence. The court grants bail before a hearing or sentencing, letting the accused stay in the community. The court may set conditions for this release. If the accused fails to follow these conditions, the court may revoke bail and return them to custody.
Step-by-step guide to bail
- Consultation with a Lawyer: Before anything else it’s essential, to get some advice from a criminal defence lawyer. They’ll explain your rights and what you can do next. They’ll help you make sense of the legal stuff and guide you through the Bail process.
- Preparation of a Bail Application: With your lawyer’s help, you’ll put together a bail application. This is where you lay out the reasons why you should be released on bail. You’ll need to cover the legal points and highlight anything that might work in your favour. Your lawyer will also help you outline any bail conditions you’re willing to follow.
- Attendance at a Bail Hearing: If you’re in custody, you’ll have a bail hearing as soon as possible. This could happen in the Magistrates’ Court, County Court, or Supreme Court, depending on how serious the charges are. At this hearing, the court will look over your application and listen to what the prosecution has to say.
- Decision on Bail: The court will weigh up various things. The type and seriousness of the offence. How strong the case against you is, any previous criminal history, and your ties to the community. They might also set some rules for your release, like a curfew or having to report to the police.
Considerations when granting bail
When considering bail in Victoria, the court looks at several factors:
- Nature and Seriousness of the Offence: The court assesses the type and severity of the crime. More serious charges often lead to stricter scrutiny.
- Strength of the Prosecution’s Case: The court evaluates the evidence against the accused. A strong case may influence the bail decision.
- Criminal History of the Accused: The court looks at previous convictions or a history of non-compliance with bail conditions.
- Community Ties: The court examines connections to the community, such as family, employment, and residence. Strong ties may work in the accused’s favour.
- Risk of Reoffending: The court assesses whether the accused might commit further offences while on bail.
- Potential Interference with Witnesses: The court considers whether the accused might interfere with witnesses or obstruct justice.
- Compliance with Previous Bail or Court Orders: The court reviews how the accused behaved regarding past court orders and bail conditions.
- Welfare of the Accused: The court considers the accused’s health, age, and personal circumstances. This can include any serious medical issues or mental health. There are also mandatory considerations regarding indigenous peoples such as connection to culture and community.
- Protection of the Community: The court carefully weighs risks to public safety and the welfare of the community.
In summary, bail in Victoria is a complex legal process where the court may grant temporary release from custody to an accused person. The court balances the rights of the individual with the protection of the community. In doing so assessing various factors and imposing conditions to manage risks. The court conducts this process with fairness and impartiality, adhering to the principles of justice.
What happens in a bail hearing in Victoria?
In Victoria, a bail hearing is when a magistrate, judge, or bail justice decides whether to let a person charged with a criminal offence go on bail. Most of the time, bail hearings are conducted in the Magistrates Court.
Hearing process
- Charges and Bail Application: The person charged (the accused) stands before the court, and Police read out the charges. Then the accused, usually through their lawyer, informs the Court that you intend to apply for Bail.
- Evidence and Submissions: The prosecution shows evidence and argues why the court should or shouldn’t give bail, sometimes with specific conditions. In this case, Police usually read a summary of the charges and details of the alleged offences. The defence then has a chance to question the Police and expose weaknesses in the Prosecution case. We can also show evidence and argue why the court should give bail.
- Consideration of Bail Criteria: As explained in the section prior. The court looks at whether the accused fits the legal rules for bail. This includes checking if they’ll likely show up in court, if they might be a danger to others, and if there’s a chance they’ll mess with witnesses or evidence.
- Bail Conditions: If the court says yes to bail, they might set some rules for the accused’s release. This could include checking in with the police, handing over their passport, following a curfew, or staying away from certain people.
- Decision: The court then decides whether to give or refuse bail. If they say no to bail, the accused can appeal, or develop what’s called new facts and circumstances and apply for bail at a later date.
If you or a loved one has been denied Bail, you should contact us immediately so we can start working on getting them out.
Keep in mind, the bail hearing can be tricky, especially for more serious crimes. It’s a good idea to get help from a criminal lawyer who knows what they’re doing. They can help you understand everything and might make it more likely for you to get bail.
Learn more
For more information, visit our Comprehensive Guide to Bail in 2023.
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