Appealing bail orders
The DPP may The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision. to the Supreme An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. in any case where:
- a grant of The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking. appears to To break a legal rule or fail to carry out a legal obligation such as a court order. the Bail A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.; 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 The time and place at which a court or tribunal hears the parties argue their case and makes a decision. (s 18A Bail Act).
Revoking bail orders
Section 18AE of the Bail Act allows an A person who swears an affidavit stating that an offence has occurred and is named on the documents that start a criminal case in court. The informant is usually a police officer, but can also be the victim of the crime. Not to be confused with an informer. or the DPP to apply to the court for bail to be revoked where an A person who has been charged with a crime. Also known as a defendant. 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 Claimed but not proved. For example, the police can allege in court that a car was stolen, but they then have to prove it with evidence. If you say a person did something illegal you are making an allegation. Unless you can back it up, you will not be able to win a court case about it. to have reoffended while on bail. There is no ‘threshold’ circumstance prescribed by the Bail Act for an application for Cancellation of a previous law or legal document. For example, when a new will is made, the old one is usually revoked. 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)  VSC 520 (at ), the court held that it must be done ‘by reference to the guiding principles in section 1B’.
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).