Appealing and revoking an undertaking of bail

5 Feb

NOTE: The law in this chapter is current as at 2 December 2024. Further changes to the bail laws are anticipated throughout 2025 (introduced by the Youth Justice Act 2024 (Vic).

The DPP may appeal to the Supreme Court in any case where:
- a grant of bail appears to contravene the Bail Act; or
- where the conditions of bail are not sufficient and it is in the public interest to appeal the bail orders.
On such an application, the Supreme Court may set aside the original undertaking of bail and conduct a fresh bail hearing (Bail Act s 18A).
Section 18AE of the Bail Act allows an informant or the DPP to apply to the court for bail to be revoked where an accused is required to appear on bail (noting that for an accused charged with treason or murder, such an application must be made to the Supreme Court).
An application to revoke bail may be made because the informant or DPP (the applicant) believes on reasonable grounds that the person has committed an offence since bail was granted, or is likely to commit an offence whilst on bail, or has breached a condition of bail, or is likely to breach a condition of bail or the bail undertaking (s 18AE(1A)). This provision does not introduce a threshold test for when the prosecution may apply for revocation of bail, rather it expresses some circumstances in which the application can be made.
The Bail Act gives no guidance on how the discretionary power it confers to revoke bail is to be exercised, however the authorities indicate that it must be done by reference to the guiding principles set out in the Bail Act. Refer to Re Gloury-Hyde (No 2) [2018] VSC 520, [13] for further assistance.
On hearing an application to revoke bail, the court can either revoke bail or refuse the application (s 18AF). Courts must give reasons for revoking bail.
The DPP can appeal to the Supreme Court any decision not to revoke bail (s 18AG).
If bail is revoked, an accused can reapply for bail (see ‘Further bail applications’, in this chapter).