Bail Applications in Victoria
Being charged with a criminal offence is a daunting experience. One of the first questions that arises is whether you will remain in custody or be released back into the community while your matter proceeds. In Victoria, this decision is made through the bail process.
At Parke Lawyers, our expert criminal defence lawyers have extensive experience representing clients in bail applications — from straightforward matters through to complex cases requiring demonstration of “exceptional circumstances.” We act quickly to protect your liberty and put forward the strongest possible case for your release.
How Bail Decisions Are Made
When you are charged with a criminal offence, the police initially decide whether you will:
- Be charged and released on a summons (to appear in court at a later date)
- Be charged and granted bail by police
- Be held on remand pending a court or bail justice hearing
If the police refuse bail, you must appear before a magistrate or bail justice, who will then determine whether you should be released.
Why Legal Representation Is Essential
If your first bail application is refused, it is much harder to apply again unless you can demonstrate a material change in circumstances. That is why it is crucial to have an experienced criminal lawyer preparing your application from the outset.
At Parke Lawyers we:
- Gather and present evidence to support your bail application
- Identify and address potential risks raised by police or prosecutors
- Propose appropriate bail conditions (such as reporting requirements or sureties) to strengthen your case
- Advocate strongly for your release before the court
The Bail Application Process
The court will assess a number of factors before granting bail, including:
- The seriousness of the alleged offence and the strength of the evidence
- The accused’s criminal history, if any
- The likelihood of the accused appearing at future hearings
- Whether the accused poses a risk of:
- Committing further offences
- Endangering community safety
- Interfering with witnesses or evidence
While the starting point is that every person has the right to be considered for release on bail, there are circumstances where the law requires the accused to “show cause” or demonstrate “exceptional circumstances” to justify release. These requirements often apply in cases involving serious charges or repeat offending.
Parke Lawyers — Protecting Your Liberty
We understand the urgency and high stakes of bail applications. Our criminal lawyers act quickly to attend court, prepare submissions, and fight for your release. With Parke Lawyers on your side, you benefit from clear advice, careful preparation, and strong advocacy.
If you or someone you know has been refused bail or is facing a contested bail application, contact Parke Lawyers immediately.
Your Criminal & Traffic Law Team
