If the 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. applicant is an Aboriginal person or a Torres Strait Islander
A further Something of value, such as money, given by one person to another person as part of a contract. in the Bail A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. is the Aboriginality of the bail applicant. In making a A finalisation, especially a decision made by a court or tribunal to finalise (determine) a case. under the Bail Act, a bail decision-maker must take into account any issues that arise due to the person’s Aboriginality, including cultural background and other relevant cultural issues or obligations (s 3A Bail Act).
An Aboriginal person is defined as a person descended from an Aborigine or Torres Strait Islander and who identifies as an Aborigine or Torres Strait Islander and is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community.
In Re Reker  VSC 81, 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. held (at ) that an accused’s Aboriginality is an important consideration, but it does not swamp all other considerations.
In Re LT  VSC 143 (at [66–67]), the Supreme Court found that a young Aboriginal A person who has committed a crime. should be supported to explore her heritage and strengthen her bonds with her family, rather than have that opportunity disrupted by time on remand.
If the bail applicant is a child
There are specific considerations if the bail applicant is a child (s 3B Bail Act). A child cannot be remanded for longer than 21 days at a time (s 12(4)(5)).
Bail hearings and evidence
The Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects. Act 2008 (Vic) (s 4(1)(a)) applies to the conduct of bail hearings. However, this does not affect provisions in the Bail Act (s 8(a)–(e)) that give the court power to make wide-ranging inquiries about the A person who has been charged with a crime. Also known as a defendant. and to receive any evidence it considers credible and trustworthy.
In a bail application, the strict rules of evidence do not apply. The 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. may give evidence about the circumstances of the 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. A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious). by the accused, including the strength of the case. Additionally, the The party presenting evidence in court on behalf of the state or Commonwealth government against a person accused of committing a crime. Also called the Crown. outlines the accused’s prior criminal history and reasons why they are an unacceptable risk. An accused can also give evidence in support of an application but cannot be questioned about the offence (s 8(1)(b)). However, it is rare for an accused to give evidence in a bail application.
Bail and family violence considerations
A bail decision-maker who is considering releasing an accused person on bail must ask the prosecutor to ascertain whether there is in force a A court order made to protect a family member from violence, intimidation or harassment by restraining a person from harmful or annoying conduct towards that family member. See also intervention order., a family violence safety notice, or a recognised domestic violence order that has been made or issued against the accused person.
If the accused person is charged with a family violence offence, the bail decision-maker must consider whether, if the accused person was released on bail, there would be a risk they would commit family violence and whether the risk could be mitigated by any bail conditions, or by making a family violence A court order that prohibits a person harming or harassing another person. See also family violence intervention order;personal safety intervention order. (see s 5AAAA).
A court The time and place at which a court or tribunal hears the parties argue their case and makes a decision. a bail application in relation to family violence related offending may consider previous complaints and allegations of family violence, even if charges were withdrawn or not proven. Such complaints and allegations are relevant and Relevant or important. For example, material evidence is something that helps to prove an argument in a criminal case. to an assessment of future risk of endangerment (see Re Bertucci  VSC at –).
The court admitting an accused person to bail must give the accused (and any sureties) a notice setting out the bail conditions. The court must also ensure that the accused understands the conditions and the consequences of not complying with them (s 17 Bail Act).
The court can also make an order forbidding the publication of any information relating to a bail application (s 7 Bail Act).