Offences / bail

What you need to know about Bail

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Offences / Bail

What you need to know about Bail

get a free case assessment

book an appointment

COVID-19 & RECENT CHANGES TO BAIL APPLICATIONS

Recent decisions in Victorian courts show that courts are more considerate than ever of surrounding circumstances when deciding bail applications. If you have been arrested for a non-violent crime, are in remand awaiting trial, or have a loved one currently serving a sentence who is under 50, suffering from diabetes, asthma or a heart condition – we strongly encourage you to speak to one of our criminal law experts about lodging an application for bail.

The justice system is confusing when trying to navigate your way through. Be it your first offence, or a more serious offence than your previous; the more serious the offending generally means the more complexity in proceedings.

At Garde WIlson Lawyers, we specialise in criminal defence and are comprehensively experienced in all facets of the criminal justice system and its procedures and elements. Our experience speaks for itself. Click here for more info.

Definition of Bail

Bail can be legally defined as the temporary release of an individual who has allegedly committed an offence for the duration between being arrested and charged and their proceeding court date. The alternative to bail is when a person is held in custody to await their court date until such time that a legal representative can conduct a successful bail application before a magistrate or judge.

The circumstances surrounding an application of bail variers heavily from case to case. Whenever your liberty is in question such as being held in custody on remand or if a bail application has been refused, contact a criminal defence specialist immediately to ensure your rights are upheld.

The Bail Act 1977 (Vic)

There is a presumption of innocence granted to every Australian under allegations of committing a criminal offence, there is further a provision within the Bail Act 1977 (Vic) that provides for a presumption of bail for some accused persons. This presumption is not applicable to certain offences with heavy consideration being applied should an offender display an unacceptable risk to the public; in this instance the Courts will likely refuse bail on that basis.

‘ Exceptional circumstances ’ and ‘show cause’ are additional categories that an offender can fall into when being assessed by the Victorian Police Prosecutions.

The basis of determining the category of classification of an offender and bail are the offences you have been charged with, personal circumstances, seriousness of the offending and any relevant prior criminal history. In nearly all circumstances, the Police prosecutor must present reasons as to why bail should not be granted, the onus is on them.

Show Cause

A ‘show cause’ application is where an offence has been committed while an accused is already on bail for previous offences of a similar nature. It means as the accused, we must present reasons as to why the offender should be considered for bail. The onus is reversed from the prosecutor to the accused to show reasons or compelling evidence to persuade the court.

Exceptional Circumstances

When determining exception circumstances, the Court can take many different positions on what ‘does’ and ‘does not’ meet these grounds. Although not defined specifically in the Bail Act 1977 (Vic), we have listed some examples where individuals have been granted exceptional circumstances with respect to a bail application;

Character – Positive and Negative depending on the circumstances of the accused and victims if any
Stable Accommodation
Surety – the court may at times require financial surety to assist in motivating the accused to ensure they attend court
Assisting Authorities
Exceptional Family Hardship
Court Supported Bail Programs – find out more about CISP by clicking HERE
Stable employment
Supervision
Prior History in offending or lack thereof
Previous compliance with Bail
Likely sentence to be imposed

These are just a few of the various topics to be considered and applied when making a bail application on exceptional circumstances. Types of exceptional circumstances that have been applied for a successful bail application are found in common law precedents. Ask us how you may be eligible and have us assess your prospects of bail.

The ‘surrounding circumstances’ in an application of bail are given heavy consideration by the courts when deciding to bail an offender. Section 3AAA of the Bail Act 1977 (Vic) provides the elements for ‘surrounding circumstances’. For more information on offences that can place an accused person in a category for exceptional circumstances contact us immediately for a FREE bail application assessment or click HERE to read legislation under Schedule1 of the Bail Act 1977 (Vic).

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TESTIMONIALS

What Our
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Are Saying?

What Our Client Are Saying?

Google Reviews

4.8

Based on 168 reviews

“Very helpful and confident attitude highly recommend just got the job done with a great result”

Mark Aravanis

6 March 2025

“I have no words to express my gratitude to Mitch Fraser, Zara and Ryan they all are amazing criminal lawyers. After living...” Read more

Dashmesh Singh

1 March 2025

“Very much appreciate this team, absolute stars. I was put into a very one sided legal predicament where it seemed like the deck...” Read more

Marc Primrose

27 February 2025

“Absolutely trust Mitch and the team at Garde Wilson Criminal Lawyers, they were instrumental in keeping my licence and...” Read more

Rob Costanzo

24 February 2025

“Forever grateful for this team Especially Mitch & Jack who are true professionals and were able to help secure a win for my case...” Read more

Zenon Chaskaris

17 January 2025

“I cannot express enough Grattitude to the team at Garde-Wilson Lawyers. Not only did they achieve a fantastic result...” Read more

Shehan Rajanayagam

09 January 2025

“Just sharing here my sincere endorsement of Mitch Fraser and the entire team at Garde Wilson. Mitch is the front man of client...” Read more

Damian West

06 January 2025

“I would highly recommend this firm Mitch and ray have been amazing if they say they will be there they will be....” Read more

Robert Smiley

02 January 2025

“By far the best legal advice and help I've had in a long time. These guys are worth every cent And family type service too Thanks heaps”

Ben

30 December 2024

“I am incredibly grateful for their professionalism, dedication, and compassion in handling my case. Thanks to their expertise...” Read more

ahmed adhil

29 December 2024

“Absolutely amazing, the best outcome that I could of imagined, Mitch was so supportive, highly recommend”

Jed Earle

15 December 2024

“Mitch and the Team at Garde Wilson provided exceptional second to none service, they were extremely professional and comforting...” Read more

Celeste Earle

11 December 2024

“I had the privilege of working with Garde Wilson Criminal Lawyers during a very difficult time, and I cannot...” Read more

Vishal

01 December 2024

“Thank you to Mitch and team. You achieved the impossible, great outcome. Highly recommend if anyone requires representation.”

Andre Spiteri

9 August 2023

“Wow! This team are incredible! With 48hrs notice Mitch had my partner sorted and had barrister Hazel appear on his behalf today...” Read more

Rel KC

17 November 2023

“I had the privilege of being represented by MITCH AND ZARAH AT GARDE WILSON LAWYERS as my defence lawyer.”

Sachin Sachdeva

6 October 2023

“I am very pleased with my experience, they are very professional and they did a very well job to support me all through my case.”

Baljinder Singh

11 August 2023

“I will highly recommend them to my friends or family if in need. Mitch was there at every step with the barristers.”

Harman SIngh

9 August 2023

Google Reviews

4.8

Based on 168 reviews

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Avoid Jail. Avoid Serious Fines. Get the Best Defence.

What you need to know about Bail

What you need to know about Bail

COVID-19 & RECENT CHANGES TO BAIL APPLICATIONS

Definition of Bail

The Bail Act 1977 (Vic)

Show Cause

Exceptional Circumstances

Download Our FREE guide to how to best prepare for your Court Case

TESTIMONIALS

What Our ClientsAre Saying?

What Our Client Are Saying?

Mark Aravanis

Dashmesh Singh

Marc Primrose

Rob Costanzo

Zenon Chaskaris

Shehan Rajanayagam

Damian West

Robert Smiley

Ben

ahmed adhil

Jed Earle

Celeste Earle

Vishal

Andre Spiteri

Rel KC

Sachin Sachdeva

Baljinder Singh

Harman SIngh

Get a Free Case Assessment

What Our Clients Are Saying?

Rel KC

What Our Clients Are Saying?

Vishal

What Our Clients Are Saying?

Celeste Earle

What Our Clients Are Saying?

ahmed adhil

What Our Clients Are Saying?

Robert Smiley

What Our Clients Are Saying?

Damian West

What Our Clients Are Saying?

Shehan Rajanayagam

What Our Clients Are Saying?

Zenon Chaskaris

What Our Clients Are Saying?

Rob Costanzo

What Our Clients Are Saying?

Marc Primrose

What Our Clients Are Saying?

Dashmesh Singh

What Our
Clients
Are Saying?