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When a person applies for bail, the court must decide whether to release them on bail or remand them in custody. If a court considers that a person should be granted bail, it will impose conditions on bail that are appropriate in the circumstances. This page deals with bail conditions in Victoria.
Will I be granted bail?
Whether a person will be granted bail depends on the offences they are charged with, as well as their personal circumstances, including their criminal history and bail history.
If the court considers that releasing a person would amount to an unacceptable risk, it will refuse to grant the person bail. However, if the court has concerns about releasing a person, but these concerns can be addressed by imposing bail conditions, it may release the person on bail with conditions.
The conditions imposed on a person’s bail will be tailored to their unique situation.
Conduct conditions
Under section 5AAAA of the Bail Act 1977, a court that is granting bail may impose conditions on the person's conduct to reduce the likelihood that they will:
- commit a serious offence
- fail to attend court to answer their charges
- endanger the safety or welfare of a person
- interfere with witnesses or obstruct the course of justice.
The bail conditions that are imposed must be reasonable in the circumstances. They must not be any more onerous than is necessary to address the court's concerns.
Conduct conditions that may be imposed are as follows:
- To report to the police in particular times
- To live at a particular address
- To abide by a curfew
- Not to contact specified persons
- To surrender your passport
- Not to enter specified geographical areas
- Not to drive a motor vehicle
- To comply with any intervention orders that are enforced
- Not to consume alcohol or drugs
- That you participate in a bail support service
- Any other condition that the court considered appropriate.
Bail support services
Bail support (the court integrated support program) is a program that exists to assist people to comply with the conditions of their bail, and to link them to services that may provide support. It is available at many Magistrates Courts across Victoria; however, it is not available at all locations.
A person may be placed on the CISP if they are experiencing drug and alcohol issues, homelessness, mental health issues or disabilities, or if they are a Koori person. A person will only be placed on the program if they agree to this.
When a person is placed on the CISP, they are assigned a case manager who develops a case plan, meets with them regularly and provides feedback to the court.
Electronic monitoring
In some cases, a court may grant a person bail with a condition that they be subject to electronic monitoring. This condition may be imposed when there are concerns that the accused person may commit further offences, or otherwise pose a danger to others if released.
If a person is released on bail with electronic monitoring conditions, they must wear an electronic monitoring device 24 hours a day, and not do anything to damage, remove, or otherwise interfere with the device.
The device uses GPS technology to track the person's location. This information is fed back to the Victorian police. If it appears that the person has breached the conditions of their bail, the police may take action on the breach in real time.
An electronic monitoring condition may be included on the bail agreement of an adult, or on the bail agreement of a child who is over 14.
Bail sureties
In some cases, before a person will be released on bail, the court may require a cash deposit to be made as security for the person’s bail. If the person breaches the conditions of their bail, the cash deposit will be forfeited.
Breaches of bail
In Victoria, it is a criminal offence to breach bail.
A breach of bail may consist of the commission of a new offence while on bail. It may also consist of non-compliance with bail conditions. In either case, the maximum penalty for breach of bail is a fine of 40 penalty units, or imprisonment for three months.
A person who breaches their bail will be less likely to be granted bail in the future.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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