In recent 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. decisions, attempts have been made to rely on, or incorporate provisions of, the Charter of Human Rights and Responsibilities A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 2006 (Vic) (‘Charter Act’) – in particular section 25, which refers to the right of a person A person who has been charged with a crime. Also known as a defendant. of a crime to be tried without unreasonable delay and to be released if that does not occur. In Gray v Director of Public Prosecutions  VSC 4, Justice Bongiorno examined the Charter Act and its interaction with the Bail Act. See also his Honour’s comments in Re Unumadu  VSC 258 (23 July 2007).
In Barbaro v Director of Public Prosecutions (Cth)  VSCA 26 (‘Barbaro case’), the Commonwealth DPP ‘conceded that the Charter [Act] was applicable to an application for bail in respect of Commonwealth offences’. Justices Maxwell, Vincent and Kellam accepted the submissions on behalf of the Attorney-General ‘that the Charter [Act] did not require any departure from the existing approach to the treatment of delay as an issue in bail applications’. Their Honours went on to state that:
… as Kellam J pointed out in Mokbel v DPP (No 3), there A document that sets out what a person wants to happen to their money and other property after they die. be circumstances where the actual or anticipated delay is of such a magnitude that risks which would, in other circumstances, be regarded as unacceptable may properly be viewed as acceptable. As Kellam J said, the community will not tolerate the indefinite detention of persons awaiting trial. Whether and when the delays in a particular case can be so characterised will depend on the circumstances.
Before the decision in the Barbaro case, there was a belief that the Charter Act modified the Bail Act, but it seems this is not the case. The Charter Act re-states the (1) The system of law developed by the English courts through precedent and adopted in ‘common law countries’ in the British Commonwealth (as opposed to Roman law (civil law) or ecclesiastical law). (2) The case law made by judges in that system. (3) Case law that is not part of the law of equity. (4) Historically, the rules of law common to all people in England, as distinct from local or customary laws. aversion to delaying bringing an accused person to trial, rather than introducing an additional principle. If the Charter Act is relied on, notice must be given to the Attorney-General and the Victorian Equal Opportunity and Human Rights Commission (s 35 Charter Act).