Magistrates Suzie Cameron and Simon Zebrowski, Magistrates’ Court of Victoria
Most people released from custody on bail are released on their own undertaking to appear in court to answer the charge. The Bail Act 1977 (Vic) lists conditions of release. Each condition must be reasonable. A lawyer can advise on the best time to apply for bail and negotiate conditions. If police oppose bail, their opposition can be overcome by negotiating conditions. Bail can be refused for serious offences such as murder or treason, trafficking a commercial quantity of drugs or certain terrorism offences.
This section includes the following topics:
- What is bail?
- Forms of bail
- Bail: conditions of release
- Who can grant bail?
- Applying for bail
- The bail hearing
- Grounds for refusal of bail
- Bail and the Charter Act
- Duty of person bailed
- Sureties and deposits
- Appeal and variation of bail orders
A PDF of this chapter from The Law Handbook 2020 can be purchased for only $5.50. To purchase, visit the Fitzroy Legal Service online store.