The Criminal Division hears applications for bail, variation of bail, revocation of bail and appeals of bail decisions in all criminal cases. Often a bail application is made in the Supreme Court after bail has been refused by another court.
After a bail application is made, there is a court hearing to decide whether or not the applicant should be released from custody to then attend a court for their case on a later date.
Before making an application for bail, variation of bail, revocation of bail or appeal against a bail decision, please refer to Practice Note SC CR 2 Bail Applications and Appeals (Second revision).
Any bail-related applications or appeals and any responses must:
- Be filed electronically via RedCrest
- Include an affidavit in support or response.
In preparing a bail affidavit, please refer to the Court’s Template Affidavits for Use in Supreme Court Bail Applications. These templates are intended to be indicative of the information required by the court and are designed to assist applicants and respondents with the preparation of bail-related applications and appeals.
The Criminal Registry is unable to provide a hearing date until an application and any supporting material has been filed.
The current indicative wait time for bail applications is one to three weeks.
Please refer to Practice Note SC CR 2 Bail Applications and Appeals (Second revision) for information about making an urgent bail-related application or appeal.
Urgent applications or appeals still must be filed electronically via RedCrest and comply with other procedural requirements outlined in Practice Note SC CR 2 Bail Applications and Appeals (Second revision).
Where the application or appeal involves a child, the hearing will be informed by the Protocol: Principles for Managing Children in the Custody of the Supreme Court.
For urgent applications that fall outside of the Court’s business hours of 9.00am to 5.00pm Monday to Friday, or on a weekend of public holiday, please follow the process for the Practice Court (Common Law) which can be found on the Urgent Applications - Practice Court page.
If bail is granted, the Court will release the accused to attend whichever court is hearing their case at a later date. This may be on their own undertaking or with a surety.
The Court may also impose bail conditions, such as a curfew or regular reporting to a police station. If any conditions of bail are breached, an arrest warrant can be issued and the accused can be returned to custody.
A surety is a person who agrees to provide the Court with a sum of money or property, which may be forfeited if the accused does not attend their court dates or otherwise breaches their bail conditions.
If bail is granted with a surety, please refer to Practice Note SC CR 2 Bail Applications and Appeals (Second revision) for details of how this surety will be processed.
Regardless of where the accused is to be released from (such as directly from a prison), the surety must attend the Principal Registry at 450 Little Bourke Street Melbourne in order for the surety to be processed.
- Template Affidavits for Use in Supreme Court Bail Application
- Form 43A Certificate Identifying Exhibit
- Protocol: Principles for Managing Children in the Custody of the Supreme Court
Criminal Division Registry
Phone: 03 8600 2059