If you or a family member has been remanded in custody, act quickly. A well-prepared bail application is far more likely to succeed than a rushed one.
Key points
- For some charges, the law requires you to show compelling reasons or exceptional circumstances before bail can be granted.
- The court must also be satisfied you are not an unacceptable risk, for example of reoffending or failing to appear.
- A well-prepared plan (address, conditions, support and treatment) is usually central to a successful application.
- If bail has been refused more than once, a further application generally needs new facts or a change in circumstances.
Bail in Victoria now
Victoria’s bail laws were significantly tightened from March 2025, and community safety is now the overarching consideration in every bail decision. Further amendments have followed. For many serious charges, or for people accused of offending while on bail, the accused must meet a higher test before bail can be granted.
What a strong application includes
- A suitable address and, where appropriate, a surety
- Proposed conditions that address the risks the prosecution relies on, such as reporting, curfew or no-contact conditions
- Evidence of employment, treatment or support arrangements
- Where required, material establishing compelling reasons or exceptional circumstances
How we help
We gather the material, prepare the bail plan and brief experienced counsel for the application in the Magistrates’ Court or the Supreme Court. We also handle applications to vary bail conditions and responses to alleged breaches.
See our guide: Bail in Victoria.