Bail Application Lawyers in Melbourne
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If you have been charged with an offense and wish to file a bail application, contact us—your leading criminal lawyers in Victoria.
Navigating the relevant legislation and processes for making a bail application can be complex and daunting. The evidence, along with the various aggravating and mitigating factors, requires thorough preparation and prompt legal advice. Seeking our assistance as soon as possible is crucial in helping you secure the most favourable outcome before appearing in court.
What is a Bail Application?
A bail application is a legal procedure established by the Bail Act 1977 (Vic) (BA) that arises when an individual is charged with a criminal offense.
Various tests determine whether a bail application will be accepted, including “unacceptable risk,” “compelling reasons” (strong, convincing circumstances when charged with a Schedule 2 offense, as seen in Re Ceylan [2018] VSC 361 and DPP v Hughes [2016]), and “exceptional circumstances” (involving personal or surrounding factors, including any special vulnerabilities). The relevant test will depend on the specific type and number of offenses with which you are charged.
Amendments to the BA were made in 2018, introducing variations to bail conditions.
If your bail application is successful, police can release you on your own undertaking (a promise to return to court on the specified date). If your application is denied, you will be taken to court, where you may choose to file another bail application, requiring you to demonstrate that your remand was unjustified.
Bail applications are frequently denied by courts, especially for serious violent offenses, raising questions about whether defendants are being imprisoned without the right to a fair hearing.
Types of Bail Offenses:
- Failing to Answer Bail
- Indemnifying Surety
- A surety is an individual who accepts responsibility and promises the court that they will ensure the defendant complies with bail conditions.
- A surety may apply to remove themselves at any time.
- If removed, another surety or security must be provided for the defendant’s court attendance, or the defendant may face reprimands.
- If granted bail, the court issues a warrant for the defendant’s arrest.
- The surety commits to forfeit a specified amount of money if they breach a bail condition or fail to appear in court.
- The court considers the surety’s financial resources, the defendant’s character and prior convictions, and proximity to the surety when determining suitability.
- Committing an Indictable Offense While on Bail
- Contravening Certain Conduct Conditions
- Publishing Evidence Heard During a Bail Application in Breach of a Court Order
Accepting a Bail Application
If your bail application is successful, you will be released from custody, but you must adhere to several obligations. Any breach of conditions or commission of a serious indictable offense (s 30B BA) may result in charges related to contravening bail conditions and could lead to the withdrawal of your bail (s 30A BA), resulting in your remand back into custody.
Bail conditions may be varied if your circumstances change, making compliance difficult (e.g., a change of address). Interested parties (the defendant, police, or DPP) may apply to the relevant court for such changes. If a surety is involved, they must be notified and can be called to testify. The court will consider the seriousness of the charges, the defendant’s character, past compliance with bail conditions, the victim’s opinion on the variation, and the strength of the prosecution’s case.
Our lawyers can assist with applications to vary bail conditions or re-bail if you have been charged with a bail offense.
Refusing a Bail Application
If your initial bail application is denied, the defendant cannot be remanded for more than 21 days. You may submit another application, but you must demonstrate new facts and circumstances that warrant consideration. Such factors may include stable employment, accommodation, a surety, or support structures (like rehabilitation with a legitimate provider). If a subsequent bail application is denied, the defendant cannot be remanded for more than an additional 21 days.
You may also appeal a refusal, which will be heard in the County or Supreme Court of Victoria.
Where Will my Bail Application be Heard?
Bail applications are addressed in the Magistrates, County, and Supreme Courts of Victoria. The specific court handling your bail application will depend on the court assigned to your criminal offense matter.
Penalties for contravening bail conditions:
If you are found guilty of contravening a bail condition, one of the following penalties may be imposed:
- Term of imprisonment (maximum 3 months)
- Financial fine (maximum $4,751.10)
Children and Bail Applications
Children charged with a criminal offense can apply for bail, typically requiring the court’s approval. This means that the child must submit a bail application to the Children’s Court. In determining whether to grant bail, the court considers all alternative custody options, ensuring bail conditions are not overly burdensome, and aims to preserve the child’s relationship with family and maintain their living arrangements and school attendance, while reducing the stigma associated with remand.
Our lawyers are equipped to assist children of all ages and circumstances in making bail applications in the Children’s Court.
Recent Bail Application Cases
- Charges: Bail application for traffic and drug offenses
Facts: The defendant was accused of trafficking 15 kg of cannabis and possessing a prohibited weapon (handgun) while driving. Our lawyers were engaged to prepare the bail application, organising and filing testimonial evidence from the defendant’s father, who pledged to supervise her closely, alongside evidence countering the traffic allegations.
Decision: The court granted bail, marking a favourable outcome for the client. - Charges: Bail application related to family violence while on a community corrections order (CCO)
Facts: The defendant faced allegations of family violence (breaking their son’s arm) while serving a CCO. Given their criminal history with similar offenses, the chances of being granted bail seemed slim. Our lawyers prepared a bail application supported by substantial evidence demonstrating the need to avoid remand.
Decision: The court granted bail, achieving a positive result for the defendant.
Testimonials
What people Say
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read More5/5
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Professional. Transparent. Experienced. Marcus Denning left no stone unturned, sealing a complete win at trial. Our experience at MK LAW was beyon... Read More5/5
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I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read More5/5
What Happens Next
At MK Law, we have a dedicated team of expert criminal defence lawyers specialising in bail applications across our four offices in Melbourne, New South Wales, South Australia, and Western Australia. We have successfully represented thousands of clients in bail applications. Our offices are conveniently located near the Magistrates Court, minimising time and stress when you engage our services for your bail application. We understand the emotional toll of being imprisoned without warning and appear in court daily, giving us valuable insights into what works effectively. We are well-equipped to navigate the intricate legal landscape and guide you through the processes, procedures, and factors that influence the court’s decision. Your best interests are at the forefront of our mission to advocate for you and persuade the court to grant your application.
During our confidential consultations, we:
- Carefully listen to your unique circumstances to create a complete picture of your situation, considering all relevant factors while guiding you through the bail application process.
- Engage with professionalism and confidentiality to liaise and negotiate with law enforcement (including police officers, DPP, and courts) regarding your case and to clarify the allegations against you, including the potential for imprisonment and the evidence against you.
- Discuss your prospects for a successful bail application.
- Seek all relevant disclosure items from opposing parties, including issuing subpoenas as necessary.
- Represent you with a strong defence and supporting materials to advocate for a successful bail application, helping you avoid immediate imprisonment.
For confidential legal advice 24/7, contact our experienced team of criminal defence bail application lawyers at 1800 130 120.
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Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au