Arrested, charged, or facing remand in custody? A bail application must often be made quickly, sometimes within hours of a person being taken into custody. Having an experienced criminal lawyer by your side at that first hearing can be the difference between going home and being remanded in custody pending trial.
Our criminal law team, led by an LIV Accredited Specialist in Criminal Law, handles urgent bail applications at courts across Melbourne and regional Victoria. We are on the Victoria Legal Aid Summary Crime Panel and Indictable Crime Panel.
What Is Bail and Why Does It Matter?
Bail is the conditional release of a person from police custody or remand while charges are pending before the courts. Victoria’s bail framework is governed by the Bail Act 1977 and was significantly reformed by the Bail Amendment Act 2023.
Being refused bail means being held on remand in a Victorian prison — sometimes for weeks or months — until your matter is resolved. This can have devastating consequences for employment, housing, family, and your ability to instruct your lawyer and prepare your defence.
A well-prepared bail application gives you the best chance of being released on conditions that allow you to return to your life while your matter proceeds through the courts.
The Victorian Bail Framework — What You Need to Know
The presumption in favour of bail
Under the Bail Act 1977, most accused persons have a right to be considered for bail. The general position is that bail should be granted unless there is an unacceptable risk that the accused would, if released on bail: fail to answer bail; endanger the safety or welfare of any person; or interfere with witnesses or obstruct the course of justice.
Show compelling reason offences
For certain serious offences — including some drug trafficking, serious assault, and offences involving weapons — the accused must show compelling reasons why their detention is not justified. This is a higher threshold. A lawyer who understands how to structure a show cause application is essential in these matters.
Exceptional circumstances offences
A small category of very serious offences — including murder and certain terrorism offences — require the accused to demonstrate ‘exceptional circumstances’ justifying release. These are the most demanding bail applications and require specialist criminal law expertise.
Bail conditions
Where bail is granted, it is almost always subject to conditions. Common conditions include: reporting to a police station; curfew; residential conditions; surety; no contact with alleged victims or witnesses; and surrender of passport. Our team advises on which conditions to accept and, where conditions are too onerous, how to seek their variation.
Where Are Bail Applications Made?
Bail can be applied for at several points in the criminal justice process:
- At the police station — police have power to grant bail at the station after charge
- At the first mention or filing hearing — typically the first time the matter comes before a court
- At a contested bail hearing — where bail is opposed by the prosecution and argued before a Magistrate or Judge
- At a bail review — where bail has been refused and an application is made to a higher court for review
- In the County Court – bail review or original application for serious matters
- In the Supreme Court — bail review or original application for serious matters
Our criminal lawyers appear at bail hearings across Melbourne and Victoria, including Ringwood, Moorabbin, Dandenong, Frankston, Heidelberg, Broadmeadows, Sunshine, La Trobe Valley, and across the state of Victoria.
What Our Bail Lawyers Do
Assess the strength of the prosecution case
Before any bail application, we obtain and review the prosecution brief/remand summary or as much of it as is available, to understand the strength of the case against you and identify any weaknesses that are relevant to the bail decision.
Prepare a structured bail application
A well-run bail application is not simply an oral submission. It involves gathering supporting material such as references, evidence of employment, accommodation, family responsibilities, and any other factors relevant to the risk assessment and presenting them in a way that gives the Magistrate confidence that you will comply with bail conditions.
Address the unacceptable risk test
We structure our submissions directly around the statutory test, addressing the specific risks the prosecution identifies and providing evidence and argument as to why those risks are not unacceptable, or can be adequately managed by conditions.
Negotiate appropriate conditions
Where bail is likely to be granted but conditions are in dispute, we negotiate with the prosecution and present conditions to the court that are realistic and workable for our client. Poorly structured bail conditions can lead to re-arrest and refusal at a subsequent application.
Bail reviews and appeals
Where bail has been refused at the Magistrates’ Court, it may be possible to apply for a bail review before the Supreme Court of Victoria. These applications require showing a change in circumstances or that the original decision was wrong in law. We advise on whether a review is viable and appear on review applications.
Legal Aid — Criminal Law Panel
Johnstone & Reimer is on the Victoria Legal Aid Summary Crime Panel, Indictable Crime Panel, and the Sexual Offences and Major Crimes subset of the Indictable Crime Panel.
You may be eligible for legal aid in bail and criminal matters depending on your financial position and the nature of the charges. Our team can assess your eligibility quickly and assist with the application if needed. If you are ineligible for legal aid, we offer competitive privately funded rates.
There is no difference in the level of representation between legal aid and privately funded matters.
Frequently Asked Questions
What happens if I am refused bail?
If bail is refused by Victoria Police or at the Magistrates’ Court, you will be remanded in custody. You have the right to apply again if there has been a change in circumstances. You may also apply to the Supreme Court for a bail review. A lawyer can advise on whether a review application is viable and appear on your behalf.
Can bail be applied for in an emergency — outside business hours?
Bail applications are often made at short notice, including at weekend and evening court sessions. Victoria Police also has power to grant bail at the station after charge. If you or a family member has been arrested, contact us as soon as possible — the sooner we are instructed, the more preparation we can do before any hearing.
What is a show compelling reasons bail application?
For certain serious charges, the law requires the accused to ‘show compelling reasons’ why their detention is not justified, rather than the prosecution having to prove that bail should be refused. This reversed onus applies to offences listed in Schedule 2 of the Bail Act 1977, including some drug trafficking and serious violence offences. A structured and well-evidenced application is essential.
What are typical bail conditions?
Common bail conditions in Victoria include reporting to a police station daily or weekly; a residential condition (living at a specified address); a curfew; no contact with alleged victims, witnesses, or co-accused; surrender of passport; and payment of surety (a financial guarantee). The conditions must be ones you can realistically comply with; breaching bail is a criminal offence in itself.
What does a bail surety involve?
A surety is a person, often a family member or close friend, who undertakes to pay a specified sum if you breach your bail and fail to appear. The surety does not hand over money upfront, but risks losing that amount if you abscond. We advise sureties on their obligations and appear with them if required to provide their undertaking to the court.
Can I get bail for a serious criminal charge?
Yes, bail is possible even for serious charges, though the application is more complex and the evidentiary threshold is higher. Even for charges in the ‘show compelling reasons or exceptional circumstances’ category, a well-prepared application supported by strong personal circumstances and appropriate proposed conditions gives a meaningful prospect of success. Call our team to discuss your specific situation.
Speak to a Criminal Lawyer Now
Bail matters move fast. If you or someone you know has been arrested or is facing a bail hearing, contact our criminal law team directly as soon as possible.
Call our criminal law team directly for a free consultation on 0483 949 747 or book an appointment online by filling out this form and a member of our team will contact you within 2 business hours:
