Bail
Bail is the temporary release of an accused person from custody while they await trial or other legal proceedings. It is designed to ensure the person’s attendance in court and the safety of the community.
There are two main types of bail in Victoria :
- Police Bail : This is granted by the police at the time of arrest or soon after. The police have the authority to release an accused person on bail, with or without conditions, depending on the circumstances.
- Court Bail : This is granted by a court after a bail application hearing. If the police refuse to grant bail or impose unacceptable conditions, an accused person can apply to the court for bail.
Bail Application Process
To apply for bail in Victoria, you or your legal representative will typically need to :
a. Gather relevant information : This includes details about the charges, personal circumstances, ties to the community, employment, criminal history (if any), and any other relevant factors that may support your bail application.
b. Prepare the bail application : Your lawyer will draft the bail application, presenting arguments in favor of your release on bail.
c. Bail hearing : The bail application is usually heard in the Magistrates’ Court. The court will consider factors such as the seriousness of the offence, risk of flight, risk to community safety, and the likelihood of attending court if released on bail.
d. Conditions and sureties : If bail is granted, the court may impose certain conditions, such as reporting to a police station regularly or surrendering travel documents.
Additionally, the court may require a surety (a sum of money or other assets) to be deposited as a guarantee.
Bail Decision
The court will consider various factors when deciding whether to grant bail, including :
a. The seriousness of the offence : More serious offences may make it less likely for bail to be granted.
b. Flight risk : The court will assess whether there is a risk that the accused person will not attend future court hearings.
c. Community safety : The court will consider whether the accused person poses a risk to the community if released.
d. Personal circumstances : Factors such as ties to the community, employment, family support, and criminal history will be taken into account.