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Legal guide · Victoria

How does bail work in Victoria?

Bail is release from custody while your matter is dealt with, usually on conditions. For some charges you must show why bail should be granted — get help fast.

Criminal & traffic

Bail is being released from custody while your criminal matter is dealt with, usually on conditions and a promise to attend court. It can be granted by police or a court, and for some serious charges you have to show why bail should be granted.

How it’s decided

The decision looks at whether you’re an unacceptable risk — of not attending, reoffending, or endangering someone — and whether conditions can manage that risk.

Conditions

Reporting to police, a curfew, not contacting certain people, or a surety. Breaching bail conditions is itself an offence.

If bail is refused

If police refuse bail you can apply to a court, and if a court refuses you may be able to apply to a higher court. Because time in custody matters, get a lawyer quickly.

How we help

We prepare and run bail applications urgently. Book a consult straight away.

Common questions

Good to know

Who decides bail?

Police can grant bail, and if refused you can apply to a court. For some serious charges you must show why bail should be granted.

What if I breach bail conditions?

Breaching bail conditions is an offence and can lead to arrest and bail being revoked, so the conditions must be followed carefully.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

Need a bail application? Call us urgently.

Speak with an experienced Victorian lawyer — book online, or call us 24/7.

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