Bail is the temporary release of a person who has been charged by police or another authority and is awaiting trial. If bail is granted, conditions are often imposed to ensure the accused appears in court. These may include reporting to police, residing at a specific address, or lodging a financial surety by another person.

Being ‘on remand’ means a person is held in police or prison custody while awaiting trial. Most people on remand have not been convicted and may wait months or even years for their case to be finalised. Bail may be sought at any stage to avoid prolonged custody.

You can apply for bail at several stages: after being charged at a police station, before a Bail Justice or Magistrate, while awaiting appeal or retrial, or when new evidence or circumstances arise. Although you can apply at any time, timing is critical. A successful first application can save time, money, and stress.

Bail conditions vary but may include: attending all court hearings, reporting to police, residing at a specific address, curfew, supervision by a friend or family member, providing a surety, surrendering travel documents, no contact with co-accused or witnesses, not leaving Victoria or Australia, and avoiding international departure points.

If your case involves addiction or mental health issues, participation in rehabilitation programs may strengthen your bail application. These may include: Court Integrated Services Program (CISP), drug rehabilitation programs, and forensic psychological counselling. These programs can be incorporated into bail conditions to demonstrate a commitment to recovery.

A surety is a person who agrees to take responsibility for ensuring that the accused complies with their bail conditions. This often involves lodging a sum of money or providing a financial guarantee to the court. If the accused breaches bail, the surety may lose the money or be required to pay the guaranteed amount.

A surety is usually a family member, friend, or someone with a close relationship to the accused. The person must be over 18 years of age, have sufficient financial resources, be willing to attend court and sign legal documents, and understand the responsibilities and risks involved.  It is also preferable that they do not have a criminal record.

The amount varies depending on the seriousness of the offence, the accused’s history, and the court’s assessment of risk. It can range from a few hundred dollars to hundreds of thousands. The court must be satisfied that the surety is sufficient to incentivise compliance with bail conditions.  Ultimately, how much is required for a surety will be determined by the court.

Once the accused has complied with all bail conditions and the case is finalised, you can apply to the court for the release of your surety. This process may involve submitting a formal request or attending court, depending on the jurisdiction and court procedures.

Yes, you can apply to the court to be released from your obligations as a surety. This may result in the accused being taken back into custody unless a replacement surety is provided or bail is otherwise varied.

If the accused fails to comply with bail conditions, the court may forfeit the surety amount, issue a warrant for the accused’s arrest, and hold the surety legally accountable. It’s important to understand the risks before agreeing to act as a surety.

Breaching bail conditions or committing further offences while on bail can result in immediate arrest, cancellation of bail, remand in custody, and possible imprisonment. If your bail conditions are too restrictive, you may apply to have them varied.

Yes. Applications to vary bail conditions can be made in the Magistrates’, County, or Supreme Courts. Variations may be temporary (e.g. travel) or permanent (e.g. change of address, curfew adjustments).

You can apply for bail multiple times. However, if bail has been refused twice with legal representation, you must show that new facts or circumstances have arisen. Alternatively, you may apply before a Judge in the Supreme Court. It’s important to seek legal advice early to avoid delays, stress, and unnecessary time in custody. Our Bail Application Lawyers can help determine the best time to apply for bail to maximise your chances of success.