The Law Handbook 2024

212 SECTION 3: Fines, infringements and criminal law Changes to bail orders Extensions of bail orders Where a hearing is adjourned or postponed, the court may extend the bail of the person charged. The court may admit the person to bail on the same conditions or vary the bail order. The initial sureties will be bound on any extension of bail unless, at the time of the first grant of bail, they had elected not to be bound without their consent (s 16(2) Bail Act). Written notice must be given by the court to the accused person and their surety (if any) of the new court date they must attend (s 16A). Bail can be extended in the absence of the accused where a case is adjourned, if the court is satisfied that the accused is ‘not present for sufficient cause’ (s 16(3)(b)). Variations of bail orders An accused who has been granted bail may apply for a variation of the length of bail or the conditions of bail (s 18AC(1) Bail Act). The same right is given to the police informant and to the DPP (s 18AC(2)). The application must be made to the court that the person is required to surrender to under their conditions of bail (s 18AC(3)). Except in the case of murder, where the application must be made to the Supreme Court. Notifying the prosecution An accused who wishes to make an application for variation of the amount or conditions of bail must give the prosecution notice in a prescribed form at least three days before the hearing of the application (s 18AK Bail Act). The prosecution can agree to dispense with the notice requirement. The court can also dispense with the notice requirement if the matter is urgent and the court can adequately determine the matter despite the lack of notice. Appealing and revoking bail orders Appealing bail orders The DPP may appeal to the Supreme Court in any case where: • a grant of bail appears to contravene the Bail Act; or • where the conditions of bail are not sufficient and it is in the public interest to appeal the bail orders. On such an application, the Supreme Court may set aside the original bail order and conduct a fresh bail hearing (s 18A Bail Act). Revoking bail orders Section 18AE of the Bail Act allows an informant or the DPP to apply to the court for bail to be revoked where an accused is required to appear on bail (noting that for an accused charged with treason or murder, such an application must be made to the Supreme Court). An application for bail to be revoked may occur, for example, when an accused has not complied with bail conditions or is alleged to have reoffended while on bail. There is no ‘threshold’ circumstance prescribed by the Bail Act for an application for revocation to be made. The Bail Act gives no guidance on how the discretionary power it confers to revoke bail is to be exercised. However, in Re Gloury Hyde (No 2) [2018] VSC 520 (at [13]), the court held that it must be done ‘by reference to the guiding principles in section 1B’. In Re Hammoud [2022] VSC 613 the court held that there is no requirement for a court determining an application for revocation to return to the original bail test or unacceptable risk considerations. It is necessary to determine, in all the circumstances, whether it is appropriate for bail to continue or be revoked having regard to the guiding principles of section 1B ([62]–[63]). On hearing an application to revoke bail, the court can either revoke bail or refuse the application (s 18AF). Courts must give reasons for revoking bail. The DPP can appeal to the Supreme Court any decision not to revoke bail (s 18AG). If bail is revoked, an accused can reapply for bail (see ‘Further bail applications’, above). Bail pending an appeal If an accused person is convicted of an offence and sentenced in the Magistrates’ Court and lodges an appeal against their conviction and/or sentence (to be heard in the County Court), they may apply for bail in the Magistrates’ Court pending the hearing of the appeal.