Bail is the release of an accused person from custody on their signed undertaking that they will appear at court to answer their charges. A bail undertaking can include any number of conditions that must be complied with by the accused person, such as a reporting condition, a curfew, or a surety. It is a criminal offence if you: Fail to appear at court in accordance with your undertaking, Fail to comply with a bail condition, or Commit another offence while on bail. Further, this may give rise to being re-arrested and remanded in custody. The law in Victoria relating to bail is found in the Bail Act 1977 (Vic).

When can a person be refused bail?

A person can be refused bail if a bail decision maker is not satisfied that the accused has shown ‘compelling reasons’ or ‘exceptional circumstances.’ Further, bail can be refused if the bail decision maker is not satisfied that the risk factors asserted by the Prosecution cannot be reduced to an acceptable level through the imposition of bail conditions. There are various ‘surrounding circumstances’ that the bail decision maker must take into account which are outlined in section 3AAA of the Bail Act 1977 (Vic).

What happens after bail is granted?

If bail is granted, the accused person must enter into a written undertaking to surrender into custody at the time and place of the hearing or trial specified in the undertaking. An accused person may be released: On their own undertaking without any other condition; or On their own undertaking with conduct conditions; or With a surety or sureties for a specified amount or a deposit of money of a specified amount, with or without conduct conditions.

How much bail do you pay?

If a surety is offered by a representative of the accused, the quantum is usually determined by the Bail decision maker. A surety can come in the form of a Bank Cheque or even equity in a property. The surety cannot be the accused person, but a third party. This person should obtain independent legal advice prior to entering into this arrangement. The consequences of the accused failing to comply with their bail undertaking may result in the surety being forfeited.

Do you get bail money back?

If the accused fails to appear in accordance with the conditions of bail, the surety is liable to forfeit the deposit of money. However, a surety has rights to apply for an order varying or rescinding the forfeiture. The surety can make an application to the police or the court for a discharge of liability at any time. When this happens, the accused is brought before the court and must find another surety if they are to be released again on bail. In all other circumstances, when a person has been admitted to bail with a surety, the obligations of the surety will continue until the finalisation of the proceedings.

What are some examples of ‘exceptional circumstances’ in bail applications?

These include: – the strength of the case against you, – issues with the investigation, – undue delay in bringing the matter to trial, – strong support in the community, – good prospects of rehabilitation, – the availability of residential rehabilitation, and – a monetary surety.

What are ‘compelling reasons’ when applying for bail?

This depends on the facts and circumstances of each person applying for bail and may include: – a stable address, – their suitability for a bail support program, – a weak prosecution case or, – the likelihood that time spent on remand would exceed the sentence imposed.

What are common bail conditions?

Common bail conditions include: Static Address – where you must reside at a particular address Curfew – where you must be at your place of residence between certain periods of the evening (i.e. 9pm to 7am) Reporting – reporting to a police officer daily or weekly Non-Association – not to have contact with a prosecution witness or co-accused Surety – where a sum of money is provided to the court as a security so that you appear at court; this may be forfeited if you do not attend court on the next occasion

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Bail Lawyer Melbourne

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Bail Application

Bail allows a person to attend their court proceedings whilst living in the community rather than in custody. The March 2025 reforms to Victoria’s Bail Act 1977 have made securing release on bail significantly more challenging. As a result, how an application is framed and supported directly determines its prospect of success.

Slades + Parsons has conducted bail applications in the Magistrates’, County and Supreme Courts for more than 35 years, led by LIV Accredited Criminal Law Specialists. Contact us on (03) 9602 3000 to discuss where the matter stands.

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What Happens at a Bail Hearing

A bail hearing proceeds in two stages. The accused must first seek to establish compelling reasons or exceptional circumstances for release. The prosecution then argues that the person poses an unacceptable risk. The investigating officer, known as the informant, gives evidence about the offence and the person’s history, and our lawyers cross-examine the informant before making submissions for release.

Hearings are often listed at the first court appearance, sometimes within hours of an arrest. Prompt yet thorough preparation before the hearing therefore matters as much as the hearing itself.

How Bail Works in Victoria

To be granted bail, the accused must usually meet either the “compelling reasons” or “exceptional circumstances” test, depending on the nature of the offence. The higher the severity of the charge, the more onerous the legal standard. For less serious offences, an accused may have a prima facie entitlement to bail.

Separately, the Prosecution may allege that the accused is an unacceptable risk of fleeing the jurisdiction, offending on bail, interfering with witnesses, and/or endangering the community. The prosecution must establish whether the person poses one or more of these risks. If risk is raised to the required standard, the accused must satisfy the Court that the risk can be appropriately managed in an acceptable way.

Since the March 2025 reforms, the courts must weigh community safety above all other considerations. It is also an offence to commit an indictable offence while already on bail, and the protections that once made youth remand a last resort have been removed. Our summary of the 2025 Bail Act reforms sets out the changes in full.

When to Contact a Bail Lawyer

Bail can be decided quickly, often at the first court appearance. If you or someone you care about has been arrested, it’s important to get legal advice as early as possible.

You should contact a bail lawyer immediately if you’ve been charged with a criminal offence, especially if you’re already on bail or facing allegations of breaching bail conditions. We also represent clients applying again after a previous refusal, and parents or guardians of young people remanded in custody.

Delays can limit your options. The sooner we’re involved, the better prepared your application will be.

How We Help With Bail Applications

We can:

Assess which test applies to the charge and what will be required to meet it.
Prepare supporting material, including treatment plans, housing details and character references.
Advise on conditions that address the court’s concerns without being unworkable.
Appear in court and put the case for release clearly.
Keep the family informed throughout, in plain language.

Whether it is a first application or a second one following a refusal, we build the case around how the court is likely to view it, rather than how it appears from the inside.

Bail Guarantees (i.e. Sureties) and Bail Conditions

A bail guarantee, formerly known as a surety, is a sum of money, or equity in property, that a person other than the accused offers as security. If bail conditions are breached, the bail guarantee can be forfeited. Therefore, anyone considering offering a bail guarantee should consider obtaining their own advice beforehand.

Other bail conditions can include a residential address, a curfew, reporting to police, and having no contact with witnesses or co-accused. We advise on which conditions are realistic to propose and which are likely to work against an application.

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Speak to a Bail Lawyer in Melbourne Today

If charges have not yet been laid, our Pre-Charge Advice page sets out what to do before that happens. Once bail is resolved, our Criminal Defence page covers what follows.

Bail matters move quickly, and the hours immediately after an arrest are the ones that count. Slades + Parsons takes calls on (03) 9602 3000 at any hour.

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Bail is the release of an accused person from custody on their signed undertaking that they will appear at court to answer their charges. A bail undertaking can include any number of conditions that must be complied with by the accused person, such as a reporting condition, a curfew, or a surety.

It is a criminal offence if you:
- Fail to appear at court in accordance with your undertaking,
- Fail to comply with a bail condition, or
- Commit another offence while on bail.
Further, this may give rise to being re-arrested and remanded in custody. The law in Victoria relating to bail is found in the Bail Act 1977 (Vic).
The bail decision maker must engage in a two-step process when determining whether to grant bail.

In the first step, the accused must demonstrate either ‘compelling reasons’ or ‘exceptional circumstances’ as to why they should be granted bail. These thresholds are dictated by the seriousness of the alleged offence. The second step relates to ‘unacceptable risk’ factors which fall on the prosecution to demonstrate. An example of risk factors are ‘committing further offences on bail’ or ‘failing to appear on bail’ or ‘interfering with witnesses’ to name a few.

In a bail application, the informant may give evidence about the circumstances of the alleged offence, outline the accused’s prior criminal history and reasons why they are an unacceptable risk. The accused may then cross-examine the informant about the police investigation and then make submissions as to why they should be granted bail.
A person can be refused bail if a bail decision maker is not satisfied that the accused has shown ‘compelling reasons’ or ‘exceptional circumstances.’ Further, bail can be refused if the bail decision maker is not satisfied that the risk factors asserted by the Prosecution cannot be reduced to an acceptable level through the imposition of bail conditions. There are various ‘surrounding circumstances’ that the bail decision maker must take into account which are outlined in section 3AAA of the Bail Act 1977 (Vic).
If bail is granted, the accused person must enter into a written undertaking to surrender into custody at the time and place of the hearing or trial specified in the undertaking.

An accused person may be released:
1. On their own undertaking without any other condition; or
2. On their own undertaking with conduct conditions; or
3. With a surety or sureties for a specified amount or a deposit of money of a specified amount, with or without conduct conditions.
If a surety is offered by a representative of the accused, the quantum is usually determined by the Bail decision maker. A surety can come in the form of a Bank Cheque or even equity in a property.

The surety cannot be the accused person, but a third party. This person should obtain independent legal advice prior to entering into this arrangement. The consequences of the accused failing to comply with their bail undertaking may result in the surety being forfeited.
If the accused fails to appear in accordance with the conditions of bail, the surety is liable to forfeit the deposit of money. However, a surety has rights to apply for an order varying or rescinding the forfeiture.

The surety can make an application to the police or the court for a discharge of liability at any time. When this happens, the accused is brought before the court and must find another surety if they are to be released again on bail.

In all other circumstances, when a person has been admitted to bail with a surety, the obligations of the surety will continue until the finalisation of the proceedings.
These include:

– the strength of the case against you,
– issues with the investigation,
– undue delay in bringing the matter to trial,
– strong support in the community,
– good prospects of rehabilitation,
– the availability of residential rehabilitation, and
– a monetary surety.
This depends on the facts and circumstances of each person applying for bail and may include:

– a stable address,
– their suitability for a bail support program,
– a weak prosecution case or,
– the likelihood that time spent on remand would exceed the sentence imposed.
Common bail conditions include:
- Static Address – where you must reside at a particular address
- Curfew – where you must be at your place of residence between certain periods of the evening (i.e. 9pm to 7am)
- Reporting – reporting to a police officer daily or weekly
- Non-Association – not to have contact with a prosecution witness or co-accused
- Surety – where a sum of money is provided to the court as a security so that you appear at court; this may be forfeited if you do not attend court on the next occasion