Applications for Bail

How to prepare for a bail application

When the police charge a person with an offence they can do so by sending them a summons requiring them to appear at Court, they can charge and release them on an undertaking of bail to appear at Court or they can remand them in custody pending their Court appearance.

When a person is remanded in custody, your defence lawyers at Emma Turnbull Lawyers will give you advice about applying for bail. Where police consider a person to be an unacceptable risk they will oppose bail.

Depending on the charge and general circumstances of the case, one of two legal tests apply:

  1. You must show compelling reasons why bail ought be granted; or
  2. You must show exceptional circumstances as to why bail ought be granted.

Compelling reasons or exceptional circumstances can be made up of one or a combination of matters including:

  • Delay in the progress of the case
  • Weaknesses in the prosecution case
  • The age of the accused
  • Whether it is the first time the accused has been in police custody
  • Family obligations of the accused
  • Family supports and ties to the community
  • Health of accused
  • Any treatment regime available if the accused is released – including either medical, psychological or substance use treatment (most commonly being drug rehabilitation)
  • Employment commitments or availability
  • Availability of a surety
  • Whether the accused has a suitable home address available
  • Whether any co-accused has been granted bail

Where a Court makes a grant of bail, they will attach a number of conditions to that conditional freedom. The first condition always being that they attend Court on the next listed hearing date. Other conditions can include:

  • Static residential address
  • Reporting to the local police station
  • Undergoing drug treatment
  • Attendance at a psychologist
  • Compliance with a curfew (being home during certain hours of the day)
  • Not to leave the state of Victoria
  • Not to attend any points of international departure
  • Not to contact witnesses for the prosecution
  • Not to associate with any co-accused