Three key factors that determine the success of a bail application

In Victoria, every defendant has the right to apply for bail after being arrested. For general criminal cases, the government has an independent department (BAIL JUSTICE) to review all bail applications and is responsible for approving or rejecting them.

Defendants can apply for bail immediately after being arrested, and the typical procedure is to fill out and submit an application form. Based on our lawyers’ experiences, three major factors are essential when applying for bail in most cases:

• Whether the defendant has a long-term residential address: during the bail period, the police and court need to know where the defendant is and can contact and locate them at any time;
• The defendant’s employment status: the court will consider the defendant’s financial situation. If there is a stable income source, it can prove that the defendant has a stable living pattern and schedule. In the court’s eyes, if the defendant has no job and no income, the chances of reoffending are high;
• The level of threat to society: for some more serious crimes, the court will consider whether the defendant, if bailed, will pose a threat to society and citizens, or intimidate important witnesses in a case. Therefore, the more severe the crime, the harder it is to apply for bail. More serious offenses include murder, rape, etc. Unless there are special circumstances, bail generally cannot be granted. For some less serious crimes, such as stalking, domestic violence, or burglary, you need to submit evidence and explain why the police detention is unreasonable.

If you have any questions about applying for bail or need a lawyer’s assistance in applying for bail, please contact us immediately. Our criminal lawyers are more than happy to answer any related legal questions for you.

*Disclaimer: This content is only a general guidance and cannot be regarded as a specific answer to your individual questions. The law is complicated, and we strongly recommend that you seek professional legal advice. Canaan Lawyers will not be liable for any loss of damage caused by any person due to the information contained or missing in the document.