Understanding Bail Variations in Victoria

A common question that arises when an accused is charged with an offence and is granted bail, is how to vary bail conditions. In Victoria, if an accused is charged with a criminal offence, the police may at first instance release you on bail in your own undertaking, which is a promise that you will attend court.

However if the prosecution oppose bail, you will be taken to court the following day, where you have the right to make a bail application. Once a bail application is made you are required to demonstrate to the bail decision maker, any exceptional circumstances or compelling reasons as to why your remand is not justified.

Who can make an application?

Section 18AC of the Bail Act 1977, outlines the persons permitted to make an application in your matter for a bail variation such as:

• The accused (you)
• The informant on your matter
• The Director of Public Prosecutions

How is a Bail variation application made?

An application to vary bail will be made to the court where you are required to surrender, in the magistrate court you will need to fill out a form 11 and this application must be made in the Magistrate Court. If the accused is charged with murder or treason, then the application must be made in the supreme court of Victoria.

What the Magistrate Considers?

When considering your application to vary a bail, the Magistrates may have regard to:

• The seriousness of the charges
• Your character, antecedents, associations and general background
• Your compliance with previous grants of bail
• The alleged victim’s attitude (if known) to the proposed variation to bail

Once the magistrate is satisfied of these requirements, this will allow for your bail conditions to be varied.

What next?

Once you are granted bail, you must comply with your breach conditions and you will remain on bail until your matter is resolved or finalised by the court.