Related Pages
- About Affidavits
- Affidavit in Support of Application for Bail Template
- Bail Applications
- 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
- 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
Preparing an Application for Bail
Points to note in applying for bail
- The procedure for applying for bail to the Supreme Court of Victoria is set out in Supreme Court Practice Note No. 5 of 2004 - (you can find this on the Practice Notes page).
- Do not specify any date for the hearing on your application - a hearing date will be given at a later time.
- The Supreme Court Registry will not accept applications sent by fax, except where the application is made by an applicant who does not have legal representation and who is in custody.
Preparing an application for bail
There is no prescribed form for applications for bail, but applications should include all the information required by Order 27 of Chapter 1 Supreme Court (General Civil Procedure) Rules 2005 (see the Practice and Procedure page).
If you are not legally represented and wanting to make an application for bail, a Notice of Intention to make Application for Bail will need to be prepared. An affidavit in support of the application for bail may be prepared (see information about affidavits on the Information Sheets page). Alternatively, you can simply set out the grounds upon which it is said that bail ought to be granted in the Notice of Intention. (See the Court Documents page for documents to be used in preparation of a bail application.)
When the documents have been completed, send them by post or by fax (this is only allowed if you are not legally represented) to the Criminal Clerk at the Supreme Court Registry.
If the person applying for bail is unrepresented, the Supreme Court Registry will send a copy of all documents relating to the application to the Manager of Bail at the Office of Public Prosecutions (OPP). The OPP is allowed five working days to file with the Supreme Court Registry material in opposition to the application (see Practice Note 5 of 2004).
If additional material (such as letters in support of the application) to be filed in relation to either the notice of intention to make application for bail or the affidavit in support of the application is not provided to the registry in time, there may be an adjournment (delay) in hearing the application.
When a date has been set for the hearing of the application, the Criminal Clerk at the Supreme Court Registry will organise a gaol order so that transport can be arranged to bring an applicant to the hearing.