Updated April 17, 2026
Being arrested is stressful, and one of the first questions people ask is whether they can go home or must stay in custody. In Victoria, the answer depends on whether police grant bail or whether you need to ask a court for it. Bail is not automatic, but it can be available after an arrest, depending on the charge and the risks police or the court see in your case. So, what happens after an arrest? When can police grant bail? What happens if they refuse it? What does a court consider before making a decision? Read on to gain valuable insights.
Since each case is unique, there are multiple things that can happen after an arrest.
After an arrest, Victoria Police may take a person into custody while they decide what to do next.
Under the law, police must act within a reasonable time. They must either:
Police will not decide the matter at random. Their decision can depend on many factors, which a criminal defence lawyer can explain better.
Bail is the process that decides whether a person stays in police custody or can return to the community while the court case continues.
Can you get bail after arrest? Below are scenarios when the police may grant bail or refuse it.
Yes. If it is not practicable to take the arrested person straight to court, a senior police officer of must consider bail without delay. Police may then grant bail under the Bail Act.
Police may refuse bail if the legal test is not met. In some serious matters, police are not allowed to grant bail at all, and the case must go before a court as soon as practicable. The Act says there are circumstances under sections 13, 13AA and 13A where only a court may grant bail.
Police do not make bail decisions by guesswork. The Bail Act sets the rules. Depending on the charge and the circumstances, the law may require an accused person to show exceptional circumstances or a compelling reason before the decision maker moves to the unacceptable risk test.
Below are some avenues criminal lawyers explore.
If police refuse bail, the matter usually moves quickly to a court. If it is outside ordinary court sitting hours, the arrested person may instead be taken before a bail justice.
The Magistrates’ Court says that if police do not grant bail at the police station, they must bring the person before a magistrate within a reasonable time. In police remand matters covered by section 10AA, police must remand the person for court appearance as soon as practicable within 48 hours.
At the hearing, the court first works out which legal test applies. A criminal defence lawyer will then usually argue why bail should be granted and why any risks can be managed by conditions.
One important question is whether the accused is likely to come back to court when required. The Bail Act treats failing to surrender into custody under a bail undertaking as a relevant risk.
The court also looks at if release would put other people at risk. The Act refers to the risk of committing a Schedule 1 or Schedule 2 offence.
Another important issue is whether the accused might interfere with a witness or obstruct the course of justice.
The Bail Act allows a wide range of conditions.
A common condition is reporting to a police station. The accused has to stay in contact with authorities and attend court when required.
Bail can also require a person to live at a particular address. The Act also allows movement-related conditions such as a curfew, geographical exclusion zones, and surrender of a passport.
Another common condition is not contacting specified people or classes of people, such as witnesses, alleged victims, or co-accused.
After an arrest, you are not simply left waiting without options. The law requires police to deal with custody and bail promptly. Depending on the case, you may be released, granted police bail, taken before a magistrate, or taken before a bail justice outside ordinary court hours. Before questioning begins, police must also tell you that you may contact a friend or relative and a lawyer, unless a narrow exception applies.
Bail decisions happen quickly, so early advice matters. At Doogue + George, our team includes experienced criminal defence lawyers, with accredited criminal law specialists. We appear in Victorian courts every day and understand how bail decisions are made in reality.
We can speak to police before a final decision, prepare strong material, and present clear bail conditions to address any concerns. Our focus is to give you the best chance of release.
If you have been arrested, contact us immediately for professional advice and early support.
Sometimes, yes. However, only in specific circumstances.
You are usually taken before a court as soon as practicable.
The main law is the Bail Act 1977 (Vic). The Crimes Act 1958 (Vic) also matters.
There is no set schedule for every case, but police must follow a timeline if bail is denied at the station.
Yes. Getting legal advice early can help during police interviews and when you need to apply for bail.
“This content is for informational purposes only and should not be considered legal advice. Please consult a qualified criminal defence lawyer before making any decisions regarding your matter”
