Applying For Bail
If you are charged by Police with a criminal offence, the police may at first instance release you on bail in your own undertaking, that is a promise that you will attend Court on the return date.
If Police oppose bail, you must be taken to Court on the next working day where you can elect to make a bail application. If you make a bail application you will either be required to demonstrate to the bail decision maker that ‘exceptional circumstances’ or ‘compelling reasons’ exist and that your remand is not justified.
What Are Your Options if Bail is Refused?
If you are denied bail at first instance, you may make another application provided that you can satisfy the Court that new facts and circumstances exists. Some examples of new facts and circumstances may include:
- Stable accommodation;
- A surety;
- Support structures such as acceptance into a rehabilitation clinic.
You may also appeal the bail decision maker’s decision to refuse bail in the County or Supreme Courts of Victoria.
Bail Offences – What Are Your Obligations While on Bail?
If you are released from custody on bail, you must abide by all of the conditions of your bail. If you don’t, you may be charged with a bail offence, such as contravening a condition of bail under section 30A of the Bail Act 1977 and your bail may be revoked.
If you are found guilty of contravening a condition of your bail, you may be sentenced to up to 3 months in gaol or receive a fine of up to $4,751.10.
It also a criminal offence to commit an indictable offence whilst on bail under section 30B of the Bail Act 1977 and your bail may be revoked.
If you are found guilty of committing an indictable offence whilst on bail, you may be sentenced to up to 3 months in gaol or receive a fine of up to $4,751.10.