Changes to undertakings 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).

Where a hearing is adjourned or postponed, the court may extend the bail of the person charged. The court may admit the person to bail on the same conditions or vary the undertaking of bail. The initial bail guarantor will be bound on any extension of bail unless, at the time of the first grant of bail, they had elected not to be bound without their consent (Bail Act s 16(2)). Written notice must be given by the court to the accused person and their bail guarantor (if any) of the new court date they must a end (s 16A). Bail can be extended in the absence of the accused where a case is adjourned, if the court is satisfied that the accused is ‘not present for sufficient cause’ (s 16(3)(b)).
An accused who has been granted bail may apply for a variation of the length of bail or the conditions of bail (Bail Act s 18AC(1)). The same right is given to the police informant and to the Department of Public Prosecutions (DPP) (s 18AC(2)).
The application must be made to the court that the person is required to surrender to under their conditions of bail (s 18AC(3)), except in the case of murder or treason, where the application must be made to the Supreme Court.

An accused who wishes to make an application for variation of the amount or conditions of bail must give the prosecution notice in a prescribed form at least three days before the hearing of the application (Bail Act s 18AK). The prosecution can agree to dispense with the notice requirement. The court can also dispense with the notice requirement if the matter is urgent and the court can adequately determine the matter despite the lack of notice.