Our criminal defence lawyers prepare strong bail applications designed to secure your release from custody as quickly as possible.
Strong preparation wins bail,
Bail is an order made by a court allowing a person charged with an offence to be released from custody while their matter is ongoing. An accused person has the right to apply for bail as soon as reasonably practicable. When bail is granted, the accused is permitted to remain in the community while awaiting the resolution of their case or the commencement of their trial, provided they comply with the conditions imposed by the court. In practical terms, this means you are released from custody and required to attend court on a future date for further proceedings. The conditions of bail are designed to address the court’s concerns, such as ensuring that you remain within the jurisdiction and attend all required court appearances.
At Balot Reilly Criminal Lawyers, our experienced Melbourne criminal defence lawyers for bail applications regularly represent clients in the Magistrates’ Court, County Court and Supreme Court of Victoria.
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Bail is a legal undertaking that allows a person charged with a criminal offence to be released from custody while their case progresses through the court system.
When bail is granted, the accused person agrees to:
Bail laws in Victoria are governed by the Bail Act 1977 (Vic).
If police refuse bail at the police station, the accused person may apply for bail before a Magistrate or Judge.
Our Melbourne bail lawyers can urgently prepare and present a bail application seeking your release from custody.
A bail guarantor (often referred to as a surety) is a person who agrees to guarantee that the accused will comply with their bail conditions and attend court when required. The guarantor usually promises to pay a specified amount of money or provide security over property if the accused fails to comply with the conditions of bail.
A bail guarantor is typically a family member or close friend who is willing to take responsibility for ensuring the accused attends court and follows the bail conditions imposed by the court.
Under the Bail Act 1977 (Vic), different legal tests apply depending on the offence.
For some offences there is a presumption in favour of bail, such as:
For more serious offences, the accused must satisfy additional legal tests before bail can be granted.
Because bail laws in Victoria are complex, obtaining advice from an experienced bail lawyer in Melbourne is essential.
If bail is granted, the court may impose various conditions designed to ensure compliance.
Common bail conditions may include:
In some cases, the court may also require a surety, where a family member or friend provides money or property as security for the accused’s compliance with bail.
A surety for bail is a financial guarantee provided to the court when bail is granted. The court may require a surety to ensure that the accused person complies with their bail conditions and attends all court hearings.
A surety can involve:
If the accused fails to appear in court or breaches bail conditions, the court may forfeit the surety amount. If the accused complies with all bail conditions and attends court as required, the surety is usually returned once the case has been finalised.
Breaching bail conditions without a reasonable excuse is a criminal offence.
If bail conditions are breached, police may:
In some circumstances a breach of bail may also lead to additional criminal charges.
If you have breached bail conditions, it is important to obtain legal advice immediately to protect your position.
Failure to appear in court when required or breaching a special condition of bail can not only result in bail being revoked by a court and being place back into custody, but also result in a separate prosecution for breach of bail which is punishable by imprisonment.
If bail is refused by the Magistrates’ Court, another bail application may still be made if new facts or circumstances arise.
These may include:
If bail is still refused, an application may be made to the Supreme Court of Victoria.
Our criminal defence lawyers have extensive experience preparing complex bail applications in higher courts.
You can apply multiple times if you have new facts or circumstances.
If no new facts exist, you may apply to the Supreme Court.
Bail applications are complex – it is important to get it right the first time.
The unacceptable risk test is applied in many bail applications under the Bail Act 1977 (Vic).
The court must consider whether releasing the accused would pose an unacceptable risk that they would:
If the court determines that any of these risks exist and cannot be adequately managed with bail conditions, bail may be refused.
However, if appropriate bail conditions can reduce those risks, the court may still grant bail.
The compelling reason test applies to a range of serious offences where the law requires the accused to demonstrate why they should be granted bail.
Under this test, the accused must show the court that there is a compelling reason that justifies their release on bail.
Examples of factors that may assist in establishing a compelling reason include:
The court will still consider whether releasing the accused presents any unacceptable risks.
The exceptional circumstances test applies to some of the most serious offences under the Bail Act 1977 (Vic).
Where this test applies, the accused must persuade the court that exceptional circumstances exist which justify their release on bail.
Exceptional circumstances are not specifically defined in the legislation and are assessed on a case-by-case basis. The court may consider a combination of factors such as:
This is the highest threshold for bail, and careful preparation of supporting material is critical.
Bail applications require careful preparation, strategic planning and strong courtroom advocacy. At Balot Reilly Criminal Lawyers, our experienced Melbourne criminal defence lawyers provide highly effective representation in bail applications across all Victorian courts.
We are trusted because we:
Our focus is always on giving you the best possible chance of obtaining bail and protecting your freedom.
We assess the evidence, identify available defences, and develop a clear strategy to minimise penalties or avoid conviction where possible.
✔️ We will carefully listen to your story & support you
✔️ We will offer defense strategies to help you
✔️ We will advise you in plain-language, no legal jargon
✔️ We will minimise penalties and damage to your life where possible
✔️ We will offer the best legal representation in court
✔️ Clear, practical legal advice from experienced criminal defence lawyers
✔️ Strong representation in Melbourne courts from the outset
✔️ Strategic guidance tailored to your specific circumstances
✔️ Transparent communication at every stage of your matter
✔️ Proactive defence focused on minimising penalties and protecting your record
