An application for bail is a court hearing to decide whether or not a person should be released from custody to then appear in court at a later date.

Being on bail means that a person does not have to wait in jail 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 are usually heard by a Judge of the Criminal Trial Division.

Judge in Charge

The Honourable Justice Hollingworth. For more information, please contact the Criminal Division Registry, on 03 9603 9013 or criminaldivision@supcourt.vic.gov.au

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.

Generally speaking, if a person intends to make an application for bail or to make an application for variation of existing bail conditions, a Notice of Intention to make Application for Bail will need to be prepared.

An Affidavit in Support of the Application for Bail must be attached to the Application. An Affidavit in Support must list all of the charges the applicant is applying for bail in relation to, the date of birth of the applicant and the name of the informant.

Guidelines

Practice Note SC CR 2 provides guidance on the procedure as to bail applications.

When a date has been set for the hearing, the Criminal Division Registry will contact the parties to notify them of the listing time and will also organise a gaol order so that transport can be arranged for the applicant to be brought in for the hearing of the application.