The bail hearing: General information
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).
Bail and remand applications are heard every weekday between 10 am and 4 pm at courts across Victoria. The Bail and Remand Court operates at the Melbourne Magistrates’ Court between 10 am and 9 pm seven days a week, including public holidays. The Bail and Remand Court hears cases from across metropolitan Melbourne involving newly remanded accused.
A similar arrangement exists in the Children’s Court on weekends – this is called the Weekend Online Remand Court and it operates online to hear bail applications and remands from across the state.
In regional Victoria, if an adult accused is refused bail by police or a Bail Justice after hours or over a weekend, they will appear in court on the next available sitting day.
As a starting point, the Magistrate will generally enquire about:
Whether the accused wishes to apply for bail.
Whether the application is opposed by the prosecution, and if so, on what basis.
What bail test is applicable to the applicant’s circumstances (see further below) and whether both the prosecution and defence agree with the test as stated (i.e. must the applicant demonstrate either exceptional circumstances or a compelling reason to be granted bail, and if they can do so, can the prosecution demonstrate that they are an unacceptable risk? Or must the prosecution only establish that the applicant is an unacceptable risk? See below for a further explanation of the tests).
Whether the accused has previously applied for bail in respect of the same allegations, and if so, on how many occasions.
Whether the accused is an Aboriginal person, a child or a vulnerable adult.
The bail hearing: General information
Chapter: 3.6: How bail works
Contributor: Carolyn Howe, Magistrate, Magistrates’ Court of Victoria, and Natalie Heynes, Magistrate, Magistrates’ Court of Victoria
Current as of: 2 December 2024
Law Handbook Page: 179
Next Section: Bail hearings and evidence
