How Pascoe Criminal Law Can Help with Your Bail Application
At Pascoe Criminal Law, we bring extensive experience and a strategic approach to bail applications. Our services include:
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Thorough Case Preparation: We analyse the allegations, your criminal history, and personal circumstances to build a strong case for your release.
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Condition Negotiation: We work with the prosecution to develop bail conditions that satisfy court concerns while minimising restrictions on your freedom.
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Court Representation: Our skilled advocates present compelling arguments to the Magistrate or Judge, maximising your chance of securing bail.
Understanding Bail After Arrest
Once a person is arrested and formally interviewed by police regarding allegations, the investigating officers must decide how to proceed. By law, they are required to:
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Release the individual unconditionally;
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Release them on bail; or
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Present them to a bail justice or Magistrate within a reasonable time if bail is refused.
Bail Applications in Melbourne Courts
If bail is denied by a bail justice, the police must bring the individual before a Magistrate to determine whether they should remain in custody or be released on bail.
Bail laws in Victoria are governed by the Bail Act 1977 (Vic), and all courts —including the Children’s Court, Magistrates’ Court, County Court, and Supreme Court—have jurisdiction to hear and determine bail applications.
Presumption Against Bail: When It Applies
Although individuals in custody are entitled to apply for bail, certain circumstances reverse the general presumption of release. In these cases, the accused must meet a higher threshold, either demonstrating:
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Compelling Reason Test: Applies to certain serious offences or when accused of committing an indictable offence while on bail for another indictable offence.
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Exceptional Circumstances Test: Required for the most serious allegations, such as murder or large-scale commercial drug trafficking.
Additionally, the court must assess whether releasing the accused poses an unacceptable risk.
What Constitutes Unacceptable Risk?
Courts frequently incorporate rehabilitation requirements as part of bail conditions, including participation in the Court Integrated Support Program (CISP).
This program provides access to services such as counseling or addiction treatment, helping to address underlying issues while ensuring compliance with court-ordered conditions.
An unacceptable risk may involve:
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Committing further offences while on bail;
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Interfering with prosecution witnesses;
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Failing to comply with bail conditions; or
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Absconding or failing to appear in court.
Negotiating Bail Conditions
While the prosecution often opposes initial bail applications, it is possible to address concerns about unacceptable risks through carefully negotiated conditions. These conditions may include:
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Regular reporting to a police station;
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Adhering to a curfew;
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Avoiding contact with certain individuals (non-association orders);
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Participating in rehabilitation programs.
Rehabilitation and the Court Integrated Support Program (CISP)
Courts frequently incorporate rehabilitation requirements as part of bail conditions, including participation in the Court Integrated Support Program (CISP).
This program provides access to services such as counseling or addiction treatment, helping to address underlying issues while ensuring compliance with court-ordered conditions.
Contact Pascoe Criminal Law Today
Being held in custody can have significant personal and professional consequences. If you or someone you know requires assistance with a bail application, don’t delay.
Contact Pascoe Criminal Law for expert legal advice and representation. We’re here to fight for your rights and work towards the best possible outcome.
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