If you or a loved one ends up behind bars, bail may be the best form of relief in the short term. A bail application lawyer can guide you through applying for bail and represent you during your bail hearing.
What is Bail?
Bail authorises the police to release you from custody if you undertake to appear in court at a later stage for your criminal matter. To get bail, you may need to agree to conditions such as:
- Attending the police station.
- Staying at a specific location.
- Finding someone to act as your surety.
You must adhere to your bail conditions. If you fail to do so, you could have sanctions of 30 penalty units or jail for a maximum of three months. Furthermore, police can issue an infringement notice for less serious breaches of your bail conditions.
For instance, they can furnish you with this notice if you pitch up late when you report to the police station. A record of your breach will appear on your criminal record.
Our guide on what bail is and how bail works covers the basics in plain English.
Deposit
An accused person can provide a security deposit, which is similar to a surety, except the accused provides the deposit rather than a third party. If you don’t appear in court, you might forfeit your deposit.
Applying for Bail
The police are empowered to grant you bail at the police station.
You may also request bail. The police have to get you to court within a reasonable time so that you can ask the magistrate for bail. The magistrate will then deliberate on whether you should get bail.
If it’s outside courtroom hours, the police may call a bail justice to the station. This is an independent person (apart from a police officer) who decides whether you are eligible for bail. However, if bail is refused, you must remain in jail until the police can take you to court.
What Actually Happens at a Bail Hearing?
A bail hearing is usually held in the Magistrates’ Court, often within a day or two of arrest, with the accused appearing in person or by video link. The prosecution outlines the allegations and may oppose bail. Your lawyer then responds, addressing where you will live, who will support you, whether a surety is available, and what conditions could answer the prosecution’s concerns.
The magistrate usually decides on the spot, and if bail is granted, release can happen the same day once paperwork and any surety arrangements are finalised.
What a Lawyer Prepares Before the Application
A strong bail application is built before anyone walks into the courtroom. Experienced bail application lawyers in Melbourne will typically gather:
- Stable accommodation. A confirmed address where the accused can live, ideally away from any co-accused or alleged victims.
- A suitable surety. A family member or friend willing to promise money or property, with proof they can provide it.
- Character material. References from employers, community members or family that speak to reliability and community ties.
- Treatment plans. Where drug, alcohol or mental health issues are part of the picture, evidence of a place in a treatment or counselling program can carry real weight.
- Employment or study details. Proof of a job or course shows structure and something to lose by breaching bail.
This preparation matters because opportunities to apply for bail are not unlimited. If an application is refused, a further one generally needs something new to put before the court, so it is often better to apply once, properly, than to rush in unprepared.
How Family Members Can Help
If someone you love is in custody, you are not powerless. Family often make the practical difference in a bail application. You can:
- Contact a lawyer as early as possible and give them accurate background information.
- Offer to act as a surety, with documents that prove your capacity.
- Confirm accommodation so the lawyer can tell the court exactly where the accused will live.
- Collect character references and referee contact details.
- Help organise appointments with treatment or support services where relevant.
Common Bail Conditions
If bail is granted, it almost always comes with conditions tailored to the concerns raised in court. Common examples include reporting to a police station on set days, living at a stated address, a curfew, not contacting certain people, surrendering a passport and not leaving Victoria. If a condition becomes unworkable, your lawyer can apply to the court to vary it.
How Can a Bail Application Lawyer Help Me?
You should seek the services of a lawyer if you need assistance with applying for bail. They can advise you about your prospects of getting bail, and they could apply on your behalf or tell you it would be in your interest to do the bail application yourself.
A lawyer can also assist you with applying for bail again if the magistrate fails to grant you bail on the first occasion. You will be required to remain in custody until the next court date.
Suppose you have a cognitive impairment or mental illness. In that case, the police officer must get an independent third party to accompany you if a bail justice intends on proceeding with the bail hearing at the police station.
Undertaking of Bail
After the police discharge you, it’s required that you sign a form known as an ‘undertaking of bail’ before leaving. By doing this, you pledge to attend court on a specified date and agree to all the bail conditions.
Take this undertaking seriously. If you do not attend court when required, the court can issue a warrant for your arrest. If that has already happened, read our guide on how to handle a bench warrant in Victoria and get legal advice straight away.
Conclusion
Bail can be the difference between preparing your defence from home and preparing it from a cell. Contact us now if you need more light shed on this issue. We have a wealth of knowledge from the matters we have dealt with and by being well acquainted with the ins and outs of the applicable legislation.
Sources
Being released from police custody | Victoria Legal Aid
