When you are charged with a criminal offence in Victoria, the police will initially determine whether you are charged on summons, granted bail or held on remand. Should the police feel that you should not be granted bail, you will need to appear before a magistrate or bail justice who will then determine whether you should receive bail.
When you are charged with a criminal offence it is extremely important that you immediately contact an expert criminal lawyer to assist you. This also includes for any contested bail application. It is important to ensure that any bail application is prepared properly, as you may need to demonstrate a change in circumstances to make a further application for bail if an initial application is refused. At Parke Lawyers we are experienced in criminal law and we can attend court to make an application for bail.
The Bail Application
There are various aspects that will be considered by the court will consider several factors to determine whether bail should be granted, but the starting point is that it is presumed every person has a right to be released on bail. There are some exceptions to this, in which you may need to show cause or demonstrate exceptional circumstances to be granted bail. If it is found that you pose an unacceptable risk of committing another offence or engaging in certain other conduct, you may be denied bail.