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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