Related Pages
- About Affidavits
- Affidavit in Support of Application for Bail Template
- Before and After an Application for Leave to Appeal a Decision of Victorian Civil and Administrative Tribunal
- Court Fees
- Exhibits to an Affidavit
- Form 6-2H Application for Extension of Time to File\Serve Notice of Appeal
- Guide to Preparing and Formatting an Affidavit
- Preparing an Application for Bail
- Swearing or Affirming an Affidavit
- What is an Affidavit and What is its Purpose
- When Bail is Granted and Surety
Related Publications
- Affidavit in Support of Application for Bail Guide
- Affidavit in Support of having Default Judgment Set Aside Guide
- Checklist for Preparing and Filing an Affidavit
- SUPREME - Civil Litigation Flowchart (PDF)
- Form 43A Certificate Identifying Exhibit Guide
- Form 46A Guide
- Form 5A Writ Guide
- Form 8A Notice of Appearance Guide
- Important Information for People in a Civil Dispute
- Notice of Appeal Against Order of Master Guide
- Notice of Appeal Guide
- Notice of Change of Address for Service Guide
- Notice of Discontinuance Guide
- Notice of Intention to make Application for Bail Guide
- Summons for Taxation of Costs Guide
- Summons to have Default Judgment Set Aside Guide
Web Links and Legislation
Bail Applications
An application for bail is a court hearing to decide whether or not a person should be released from custody to appear in court at a later date.
Being on bail means that a person does not have to wait in gaol for a criminal case to be heard.
If granted bail a person must agree to follow any orders made by the court and to abide by any conditions set out in what is called 'an undertaking as to bail'. If a person breaches (disobeys) those conditions or does not attend court when required to, an arrest warrant can be issued. Often the conditions of bail will include payment of money by a surety as a guarantee that the person will appear in court as directed.
In the Supreme Court of Victoria, applications for bail are made to the Trial Division. These applications may be heard either by a judge of the Trial Division (Criminal) or a Judge in the Practice Court.
Legislation
The following is a brief description of some important sections of the Bail Act 1997. Review the relevant sections of the Bail Act 1977 for further detail.
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| Section 4 | The reasons that any person accused of an offence may be granted bail, and the reasons the court may refuse bail. |
| Section 8 | The matters the court may consider when hearing an application for bail. |
| Section 13 | Only the Supreme Court of Victoria can grant bail to a person charged with treason. A person charged with murder may be granted bail by the Supreme Court or by the magistrate who commits the person for trial. In charges of murder or treason, bail can only be granted if the applicant can prove there are exceptional circumstances. |
| Section 18 (4) | Where the first application for bail is refused, another application may only be made to the Supreme Court when the applicant had no legal representation for the first application, or when there are new facts or circumstances that were not available during the first application. |
| Section 18A | The Director of Public Prosecutions may appeal against the granting of bail to an applicant. |
This information is a general guide only. More detailed information about applying for bail can be found in the Crimes Act 1958, Bail Act 1977 and Bail Regulations 2003 and the Supreme Court of Victoria Practice Note 5 of 2004.