Bail Process

BailA person who has been

questioned and formally charged can request bail.

Bail can be granted at: the police stationby a bail justice

at a bail hearing in Magistrate’s Court

at the preliminary hearing

The Bail Act 1977(vic) sets out the rules relating to bail

The main aim of bail is to allow the accused person to go free before their trial, This person is innocent until proven guilty.

If held in remand and later found not guilty they are not usually entitled to compensation

If found guilty then the time spent in remand is deducted from the time to be served.

Bail is usually granted and rarely refused

SURETY

Before a person is granted bail they may be asked to deposit a sum of money with the court or provide a SURETY

This is someone who will guarantee that the person will attend court

refer to page 349

Reasons why bail may be refused

Charged with murder or Treason already in custody for another crime charged with drug trafficking previously not answered bail unacceptable risk ie: likely to

interferre with witnesses, endanger public safety, commit further offences or abscond etc

REMAND

This is where a person is refused bail and must remain in custody until their trial.

These people are innocent until proven guilty and should be treated as such