If you or someone close to you has been remanded in custody or if there is an application for the revocation of bail, Pace & Associates Lawyers can provide you with expert advice and representation.  Our team will be able to guide you through the process and what is required in preparation for an application for bail, whether that be in a regional or metropolitan court.

Bail is the release of an accused person from custody on their signed undertaking that they will appear at court at a later date to answer their charges. The Bail Act 1977 (Vic) provides the legislative framework used to make decisions on whether an accused person should be granted bail. Once a person is arrested and charged with an indictable offence, the Police may remand them in custody pending an appearance before a Bail Justice or a Magistrate. A person must be brought before a Bail Justice or Magistrate within 24 hours of being taken into custody.

Whether or not an individual is entitled to bail will depend on the nature of the alleged offending for which the charges relate, along with his or her own personal circumstances.

In order for bail to be granted, compelling reasons or exceptional circumstances must be demonstrated. These are legal tests and the applicable test is determined by the offences you are charged with. A bail undertaking can include any number of conditions that must be complied with by the accused person including but not limited to the following: –

• Reporting to a police station;
• Residing at a particular address;
• Curfew imposing times at which the accused must be at their place of residence;
• Non-Association – not to have contact with a prosecution witness or co-accused;
• Surrender of the accused’s passport;
• Surety – where a sum of money is provided to the court as a security to ensure the accused appears at court, which may be forfeited if he or she does attend at the return;
• Geographical exclusion zones;
• Attendance and participation in a bail support service; and
• Conditions that the accused comply with any existing intervention orders.

If you require quality legal advice or representation in any legal matter, please contact Pace & Associates Lawyers.