When someone you love is taken into custody, hours matter. A well-prepared bail application, made at the right time with the right material, is often the most important step in the whole case. McNally & Gleeson Lawyers have been making urgent bail applications in Victorian courts since 1994, and we are available 24 hours a day on (03) 9670 3633.
How bail works in Victoria
Bail in Victoria is governed by the Bail Act 1977 (Vic). Whether bail is granted depends on the charge, the person’s history and the strength of the application. For more serious charges or for people already on bail or summons, the law applies reverse-onus tests: the applicant must show a “compelling reason”, or for the most serious categories “exceptional circumstances”, why detention is not justified. Even when those tests are met, bail can still be refused if the prosecution shows an unacceptable risk, such as reoffending, failing to appear or interfering with witnesses.
These tests are technical, and unprepared applications fail. Worse, a failed application can make a later application harder, because new facts and circumstances are generally required to apply again. Doing it properly the first time matters.
What we do in a bail application
- Act fast. We appear at the first available hearing, including weekend and after-hours courts, and at the police station bail stage where appropriate.
- Build the proposal. Strong bail applications offer the court a package: a stable address, a surety where appropriate, employment or treatment, reporting conditions, and supports that answer the prosecution’s risk arguments.
- Test the prosecution case. The apparent strength of the evidence is relevant to bail. Where the brief is weak, we say so, with particulars.
- Prepare sureties properly. Family members offering money or property as security need to understand their obligations and be ready for the court’s questions.
- Plan for conditions. We push for workable conditions, because breaching an unworkable condition leads straight back to custody.
Children and young people
Different considerations apply to children, and the Children’s Court approaches bail with a focus on rehabilitation. Our Children’s Court lawyers regularly act for young people and their families in bail matters.
If bail is refused
A refusal is not necessarily the end. A further application can be made where there are new facts or circumstances, and in some situations a bail decision can be reviewed in a higher court. We advise quickly and honestly about the best path, because time in custody on remand is time that cannot be given back.
Breach of bail
Failing to answer bail or breaching conduct conditions is itself an offence and puts the original bail at risk. If you have breached a condition or missed a court date, act immediately: the response in the first 24 hours often determines whether bail can be saved. Call us before the situation hardens.
Why choose McNally & Gleeson Lawyers
Bail is where our 24-hour availability genuinely matters. Our team appears in bail applications across Melbourne and Victoria every week, our principal is a Law Institute of Victoria Accredited Specialist in Criminal Law, and we understand both the law and the practical things that persuade a bail decision maker.
What to do now
- Call us on (03) 9670 3633, any hour. Have the person’s full name, date of birth and the police station or court involved.
- Start thinking about an address, supports and a possible surety. We will tell you exactly what the court will want to see.
- Do not arrange for anyone to contact witnesses or co-accused. It damages bail prospects badly.
Read more about our criminal defence lawyers in Melbourne and the courts we appear in.
Common questions about bail
How quickly can a bail application be made?
Often within a day. After arrest, a person must be brought before a bail decision maker without unreasonable delay, and Victoria runs after-hours and weekend courts. The constraint is usually preparation: an application made before the address, surety and supports are ready can do more harm than good. We move fast and prepare properly at the same time.
What is a surety and who can be one?
A surety is a person who deposits or pledges money or property as security for the accused person attending court. A surety should be of good character, understand the obligation and be able to demonstrate the source of the funds or asset. We prepare sureties for the questions the court will ask.
What do “compelling reason” and “exceptional circumstances” mean?
They are the reverse-onus tests the Bail Act applies to more serious charges or repeat applications. In practice they require a structured argument combining the weaknesses of the prosecution case, the delay to trial, personal circumstances, and a strong bail proposal. They are legal tests with a developed body of case law, not vibes, and they are where specialist preparation shows.
If bail is refused, is that the end?
No. Further applications can be made on new facts and circumstances, and some decisions can be reviewed in a higher court. Timing matters: we advise on the strongest next step rather than burning attempts.
