If you have been charged with a criminal offence in Victoria, obtaining bail quickly can be critical. Our experienced Melbourne bail lawyers and criminal defence lawyers regularly appear in the Magistrates’ Court, County Court and Supreme Court seeking bail for clients in urgent circumstances.
As a bail application lawyer in Melbourne, Doogue + George’s criminal lawyers provide immediate legal representation and legal support to accused persons and their family members.
Applying for Bail?
If you are charged by police with a criminal offence, the police officer may release you on bail at the police station on your own bail undertaking. This is a promise that you will attend court on a specified date.
If police oppose bail, you must be brought before the court on the next working day to make a bail application. During the bail application process, you must demonstrate to the bail decision maker that exceptional circumstances or compelling reasons exist and that remand in custody is not justified. The court considers the personal circumstances of the accused person, the prosecution case, the defendant’s character, and risk factors.
What Happens If Police Refuse Bail?
If police refuse bail at the station, you will be brought before the Magistrates’ Court as soon as practicable. A bail justice or Magistrate will consider relevant factors and determine whether you should be granted bail or remanded in custody.
The court will assess:
- The seriousness of the alleged offence
- Your criminal history and prior convictions
- Whether you pose an unacceptable risk to community safety
- Whether the relevant bail test and legal tests apply
The Bail Tests in Victoria
Under the Bail Act 1977, two key legal tests apply depending on the seriousness of the charges.
Compelling Reasons Test
For certain offences, including family violence matters, you must show compelling reasons why bail should be granted. The compelling reasons test is a reverse onus test. The court will consider your unique circumstances and community safety.
Exceptional Circumstances Test
For the most serious offences, such as aggravated home invasion or commercial quantity drug offences, you must demonstrate exceptional circumstances. This is a higher threshold under the Bail Act 1977. The court considers the unacceptable risk test and whether the accused person can be safely released.
After-Hours Bail in Victoria
If you are arrested outside of regular court hours, such as on a weekend, evening, or public holiday, you don’t have to wait until the next business day to ask for bail. Victoria has made sure that people who are accused can be heard by a bail decision maker as soon as possible.
How After-Hours Bail Works
If the police refuse bail at the station outside of court hours, they must make it easier for the accused to be heard. A bail justice is a volunteer who is allowed to hear bail applications under the Bail Act 1977. They can go to the police station and either let the person go on bail or keep them in custody.
The Youth Justice Bail After-Hours Service (YJBAS) helps kids and teens, and the Weekend Online Remand Court (WORC) holds bail hearings on weekends and public holidays from 3 pm to 9 pm.
Things to consider when getting bail after hours:
- Bail justices can’t hear requests for bail for some very serious crimes, like murder.
- A bail justice can’t always come right away, which can cause delays.
- If you don’t get bail after hours, you’ll have to stay in jail until the next court session.
How Long Can You Be Held in Custody Before a Bail Application?
In Victoria, there is no strict limit on how many hours a person can be held before a bail application must be heard. “Reasonable time” is what the standard is based on. Depending on how complicated the case is, the police have a reasonable amount of time to look into it, take fingerprints, and talk to the person.
If the police refuse to let someone out on bail after they have been charged, they must be brought before a bail justice or court “as soon as practicable”. If you get arrested late on a Friday night, you may have to stay in jail until you can see a bail justice, go to the Weekend Online Remand Court, or go to the Magistrates’ Court on Monday morning.
Because of these possible delays, it’s very important to get in touch with a lawyer who knows how to file a bail application right away. This will help you spend less time in jail.
Understanding the Difference: Bail, Remand and Sentencing
A lot of people mix up bail, remand, and sentencing. All three are part of the criminal justice system, but they have different goals and happen at different times in a case. The table below shows the main differences.
|
Feature |
Bail |
Remand |
Sentencing |
|
Purpose |
To let people be free while they wait for their trial and make sure they show up in court. |
To keep the community safe, stop people from committing more crimes, or stop them from running away before their trial. |
To punish the guilty person, help them get better, and stop other people from doing the same thing. |
|
Stage |
Before the trial (the accused is not guilty). |
Before the trial (the accused is presumed innocent but is being held). |
After the conviction (guilt is proven). |
|
Duration |
Until the next court date or the case is over. |
Until the next court date or bail is given. |
Set amount of time (like prison time, a fine, or a community order). |
|
Outcome |
Freedom in the community, but with rules. |
Being held in a remand prison or youth centre. |
Last punishment given (for example, jail time or parole) |
|
Decision Maker |
Police, bail justice, or a magistrate. |
Bail justice or a magistrate. |
Judge, magistrate, or jury. |
Disclaimer: This information is based on Victorian law as of early 2026. You should always get legal advice, especially when it comes to criminal cases.
We Can Help You
What Are Your Options if Bail is Refused?
If you are denied bail at first instance, you may make another bail application provided you satisfy the court that new facts and circumstances exist. Examples include:
- Stable accommodation at a particular address
- A surety or a family member willing to provide a specified amount
- Employment
- Support structures such as residential rehabilitation
- Character references
You may also appeal the bail decision maker’s decision to the County Court or Supreme Court.
Appealing a Bail Refusal
If refused bail in the Magistrates’ Court, you may appeal to the County Court or Supreme Court. An appeal is a fresh court hearing before a Judge. Our criminal defence lawyers regularly appear in the Supreme Court for bail matters.
Strict time limits apply. Contact our bail application lawyer team immediately.
Further Information on Bail Applications
Bail Conditions in Victoria
If you are granted bail, you may be required to comply with strict bail conditions designed to manage the unacceptable risk. Victorian bail laws govern this process, and the court sets conditions to secure release while managing community safety.
Common bail conditions include:
- Reporting to police at a police station
- Curfew at a particular address
- No contact conditions, including in family violence matters
- Residence requirements
- Residential rehabilitation conditions
- Provision of a surety by a family member
Bail Offences – What Are Your Obligations While on Bail?
Bail Offences in Victoria
Why Choose Doogue + George for a Bail Application?
- Extensive experience in complex bail matters, representing clients across Melbourne courts
- Regular appearances in the Magistrates’ Court, County Court and Supreme Court
- Strategic preparation of well-prepared bail applications
- Ability to contact the informant regarding re-bail
- Preparation of surety documentation
Doogue + George are experienced bail lawyers and criminal defence lawyers. We understand the bail process, criminal law and the bail application process. If you have been charged with a bail offence or other offences, we explore all options to secure the best outcome. Call 03 9670 5111 or fill out the form to speak with a lawyer in Melbourne.
