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Applying for bail? Our Melbourne criminal law specialists are here to help!
The bail application process can be complex for those who are unfamiliar with bail law. To make a successful bail application, you need the right advice. Our experienced lawyers in Melbourne are here to streamline things and make the experience as simple as possible.
If you or a family member have been remanded in custody for a criminal offence, you need to seek legal advice as soon as you can. Being legally represented can make a big difference in the outcome of your case and ensure that you stay out of custody while you prepare your defence. Our criminal lawyers will ensure that your voice is always represented in the proceedings and that your story is fully told.
Need legal advice now? Call 03 8590 8370 to book your free consultation with a bail lawyers in Melbourne today!
How do I make an application for bail?
When you are taken into the police station after your arrest, a police officer may either choose to deny or grant bail. This will usually depend on the type and severity of the alleged offence(s) against you. For example, a summary offence is less serious than an indictable offence, meaning police are more likely to release you.
In Victoria, bail must be granted in situations where:
- A court hearing cannot occur within 24 hours
- There are no legal grounds
If you are denied by the police, you may make a further application at a bail hearing in the Magistrates Court. When choosing whether or not to approve bail applications, the bail decision maker (or bail justice) will consider three factors:
- Unacceptable risk – An accused person would be likely to threaten the welfare of others, commit further offences, obstruct the course of justice, or fail to comply with conduct conditions.
- Exceptional circumstances – Things such as victim forgiveness, exceptional hardship or family hardship, youth, extreme provocation, cooperation with the authorities, character, or inordinate delay.
- Compelling reasons – Things such as stable accommodation or employment, court supported bail programs, treatment programs, previous convictions and criminal record, previous compliance with bail conditions, or weak prosecution case.
Each case will have different relevant factors and circumstances, which is why it is always best to discuss bail applications with a criminal defence lawyer. A criminal lawyer will also be able to attend court and provide legal representation during your hearing, highlighting why the justice should approve your application and taking the opportunity to cross-examine any witnesses in the prosecution's case.
A full breakdown of Victorian bail laws and your rights can be found under the Bail Act 1977.
What happens if I am granted bail?
If you are successful in your bail application, you will sign a written bail undertaking that outlines your bail conditions (e.g., avoiding certain persons) and specifies your next court date.
You will then continue your journey through the criminal justice system. Our criminal lawyers will advise you of your next steps.
What happens if I am refused bail?
If you are not granted bail, you must remain in police custody until your trial. In certain circumstances, you may have the option to make a further bail application at a later date.
If your application has been denied by the justice, get in touch with our criminal defence lawyers. We'll be happy to discuss your case and options.
Contact our criminal defence lawyers in Melbourne now!
If you need assistance making an application for bail or any other bail matters, our team can help. We are familiar with all areas of criminal law and have experience in the Magistrates Court, County Court, and Supreme Court.