Exceptional Circumstances Bail Victoria, If this is not shown, bail will be refused. . It talks about matters related to bail such as surety and exceptional circumstances. It is important to understand the process involved in an application for bail to Exceptional circumstances could include the victim’s personal circumstances, the seriousness of the offence, or any pre-existing factors such as mental illnessor disability or cultural considerations. Bail is primarily a means of compelling an accused person to attend Court to answer an allegation of S 4D Unacceptable risk test applies if: For 2 step tests (IE where there is an initial test for exceptional circumstances or compelling reasons), where they are satisfied there is either exceptional Reform needed To fix Victoria’s broken bail laws, the Victorian Government must: 1. Repeal the reverse-onus provisions in the Bail Act, Harder to get bail - Exceptional Circumstances. Special circumstances, exceptional circumstances and supporting documentation Homeless Law clients often meet the definition of ‘special circumstances’ as defined under the Infringements Act 2006 (Vic) Gostaríamos de exibir a descriçãoaqui, mas o site que você está não nos permite. Regulations for this Part PART 3--FURTHER APPLICATION FOR BAIL,VARIATION OF BAIL CONDITIONS, REVOCATION OF BAIL 18. For Schedule 1 offences, which are considered Bail Bench Book; Uploaded: 16 January 2026 In considering how the amendments should be properly interpreted, and specifically how the changes to ss 1B and 3B interact with each other, and with the Fines, infringements and criminal law Grounds for refusing bail The general rule Exceptional circumstances Surrounding circumstances Show a compelling reason Unacceptable risk Together, these factors ultimately satisfied the exceptional circumstances test. 2 However, the step Instead of inserting these offences into the respective reverse onus subsections, the Bail Act now separately lists the offences in separate Schedules: Schedule 1 is for “exceptional Harder to get bail When the police oppose bail, the person charged has to establish either “compelling reasons” or While for some offences, there is a presumption that an accused should be granted bail, for others there is a presumption that they should remain in custody unless there are exceptional Section 4AA (2) and (3) set out whether a person who is accused of an offence in this Schedule will be subject to the exceptional circumstances test or the show compelling reason test. Learn the process, conditions, and get trusted legal help from Melbourne’s experts. The When bail decision maker must state reasons for granting bail (1) This section applies if a bail decision maker grants bail in circumstances where, under section 4AA — (a) the step Are there cases where bail is automatically denied? In Victoria, certain serious offences, such as murder or terrorism-related The Victorian Parliament has recently passed significant amendments to the Bail Act 1977, introducing critical changes to the legal Gostaríamos de exibir a descriçãoaqui, mas o site que você está não nos permite. Show Cause & Exceptional Circumstances: For more serious offences, the law requires the accused Supreme Court Bail The Accused can also invoke the inherent jurisdiction of the Supreme Court to make a fresh bail application and does not have to show new facts or circumstances. Penalty: 30 penalty units or 3 months imprisonment. One of those circumstances is that every offence of which the person is accused is an offence 9. This is particularly Applications that are outside the specific Commonwealth and State guidelines for assistance may be granted if there are 'special circumstances'. The bill should repeal the presumption against bail in its entirety, including Schedules 1 and 2, the “exceptional circumstances” test (section 4A), the “compelling reasons” test (section 4C) and section Understand how to apply for bail in Victoria in 2025. [33]- [34] 28 The concept of justification is central to bail Guideline Victoria Legal Aid (VLA) will generally make a grant of legal assistance to a person who wants to apply to the Children's Court, Magistrates’ Court, the County Court or to the Supreme Court for Unacceptable Risk - The law has created a series of categories to try and cover the wide range of circumstances around the granting of bail in Melbourne. The line between ‘exceptional Schedule 1- exceptional circumstances A number of new offences have been added which require an Applicant for Bail to show exceptional Woods v DPP [2014] VSC 1 (17 January 2014)The Supreme Court of Victoria has made its first decision on the 2013 amendments to the Bail Act 1977 (Vic) regarding conditions of bail. Case law Need urgent help with bail? Slades & Parsons are expert bail lawyers in Melbourne, available 24/7 to help you get released quickly and legally. To be granted bail, Decisions about bail and any conditions imposed have the potential to raise serious human rights issues, but these rights ‘are not absolute and may be subject to limits prescribed by law which are If exceptional circumstances are not found to exist, bail will be refused. 1 How does an accused show These criteria are set out in section 4E of the Bail Act 1977. Read about how you may be eligible to have your fine reviewed if you can show you had exceptional circumstances when you broke the law and got a fine. Also the bail decision maker is required to take into account other matters if the accused is an Aboriginal person or a child. This will depend on the offences the accused is charged with All people charged with a crime are entitled to be granted bail unless the bail decision maker is required to refuse bail. Exceptional circumstances test If the person applying for bail is charged with a Schedule 1 offence such as murder, treason or a serious drug offence, or if they This is outlined under Section 4A of the Bail Act 1977. The Bail Act does not define “exceptional circumstances” but case law in Victoria has held that, in order to be exceptional, the circumstances relied upon must be such as to take the case out of the normal The Victorian Government changed the bail laws to make it more difficult to be released - compelling reasons have now raised the bar to In Victoria, Australia, the Bail Act 1977 outlines the circumstances under which a person can be granted bail. some serious Commonwealth offences. In determining what amounts to ‘exceptional circumstances’, the decision maker must take into account the surrounding circumstances (per section 4A (3) of the Getting bail – what are compelling reasons or exceptional circumstances? In the wake of well publicised crimes committed by persons on The Bail Act does not define “exceptional circumstances” but case law in Victoria has held that, in order to be exceptional, the circumstances relied upon must be such as to take the case out of the normal In circumstances where a step 1 test applies, section 4D provides that the unacceptable risk test will apply as a step 2 test. Conditions of bail granted to a child in certain circumstances 45 Power to return accused to youth justice centre 46 Opposing bail 48 Application for bail 49 Court to make preliminary determination if In Victoria, bail is common practice and the legal system has established a framework for granting bail to individuals charged with a crime. Exceptional circumstances or compelling reasons In some matters, the court may grant bail only if satisfied that there are compelling reasons In force Acts in force Bail Act 1977 Bail Act 1977 Act in force Act number 9008/1977 Version history The Criminal Division hears applications for bail, variation of bail, revocation of bail and appeals against bail decisions. (1A) The bail decision maker must refuse bail unless satisfied that exceptional circumstances exist that justify the grant of bail. The Penalty: Level 7 imprisonment (2 years maximum) The Bail act 2016 SECT 4 (2). 144 bail act 1977 no. Further application for bail where bail refused or Part 3—Further application for bail, variation of bail conditions, revocation of bail 18 Further application for bail where bail refused or revoked 18AA Certain circumstances required before application may BAIL ACT 1977 (Vic) authorised version no. Gostaríamos de exibir a descriçãoaqui, mas o site que você está não nos permite. In Victoria, Bail Applications are decided in accordance with the Bail Act 1977 (Vic). 4 Show compelling reason (previously show cause) / Unacceptable risk 9. In Victoria bail shall be refused unless the Accused can “show compelling reasons” why their detention in custody is not justified. Although not Bail After Refusal: A second or subsequent application can be made if new facts or circumstances arise. Offences for Which Bail Must be Refused Unless Exceptional Circumstances Bail must be refused for the following offences unless the accused person can show The Victorian Government has passed new laws to strengthen our bail system. [2021] VSC 148 (13 April 2021)On 29 March 2021, the Supreme Court of Victoria granted bail to a man charged with drug offences on the basis that he would likely be held in custody for three A person charged with an offence listed in Schedule 1 or Schedule 2 of the Bail Act faces a reverse-onus bail test – meaning (3) Only a court may grant bail— (a) to a person accused of a Schedule 1 offence; or (b) subject to subsection (4), on any other decision to which, under section 4AA, the step 1—exceptional When a loved one commits a crime, applying for bail can be a very stressful time for family. 3 Exceptional circumstances - Bail unopposed by informant not conclusive factor 9. It is intended only as a guide to the reader. (2) Flow Gostaríamos de exibir a descriçãoaqui, mas o site que você está não nos permite. This is a hearing de BAIL ACT 1977 - SECT 3D Flow Charts (1) A Flow Chart in this section illustrates the key features of the decision making process to which it relates. These laws change what people consider when they are This means that the person applying for bail must show the court that there are “exceptional circumstances” supporting their bail application. Exceptional circumstances applies if you commit serious offences, have committed further Tougher bail tests now apply to serious offences, including home invasion, armed robbery, aggravated burglary, and carjacking. The Gostaríamos de exibir a descriçãoaqui, mas o site que você está não nos permite. Exceptional Circumstances This means that a person must show that there are exceptional circumstances supporting their bail application. The court will The Bail Act 1977 in Victoria specifies that the court should consider the defendant’s financial circumstances when setting bail, to ensure that the 24. Examples of compelling. Establishing exceptional circumstances in a general sense is not sufficient, ‘there must be exceptional circumstances that justify the grant of bail’. 9008 of 1977 authorised version incorporating amendments as at june 2019 table of provisions Exceptional circumstances in this contested bail application was successfully shown. This Act applies not only to offences charged under state law, but also to relevant Commonwealth offences by virtue of sections Delegation 17P. Discover the key changes & implications of the 2024 bail reforms in this comprehensive guide written by our criminal defence lawyers. 1 Section 4AAA (1) prohibits a bail decision maker from refusing a person bail in certain circumstances. Delegation 17P. As The requirement to establish ‘exceptional circumstances’ under the Crimes Act 1914 (Cth) s 15AA is analogous to those provisions of the Bail Act 1977 (Vic) respecting the grant of bail for certain State Particularly, if they can’t demonstrate that circumstances have changed since the first Application for Bail was made. The ebook Understanding Bail Laws in Victoria is written by Una Ebsworth and Dee Giannopoulos. (2) The accused bears the burden of satisfying the bail decision maker as to ‘Exceptional circumstances’ is the highest threshold that an accused must show if he or she is going to be granted bail. (aa) The bail decision maker It is important to note that irrespective of the existence of compelling reasons or exceptional circumstances, the Prosecution may still say there is an Victoria has changed its bail laws with regularity in recent years, with the tragic deaths of Victorians often the prompt for Magistrates and police may also grant cash bail to those charged with lesser non-indictable offences, where in lieu of entering into an undertaking the person makes a deposit of money This resource addresses the complexities judicial officers encounter in bail decision-making, with analyses of: - the three-stepped bail tests of exceptional circumstances, ‘Exceptional circumstances’ has been defined in the past as a combination of these (and other similar) factors. However, section 4D also provides that the unacceptable risk test applies Gostaríamos de exibir a descriçãoaqui, mas o site que você está não nos permite. The 2025 changes to the Bail Act 1977 involved adjustments to the lists of offences that trigger the ‘exceptional Surrounding circumstances (1) If this Act provides, in relation to a matter, that a bail decision maker must take into account the surrounding circumstances, the bail decision maker must take into account all Tips for Practitioners Sections 4A and 4B of the Bail Act, which set out the 'show compelling reasons' and 'exceptional circumstances' tests, have not been amended. The law in Victoria relating to bail is the Bail Act 1977 (Vic) (‘ Bail Act ’). Further application for bail where bail refused or . Authorities will also expand the Gostaríamos de exibir a descriçãoaqui, mas o site que você está não nos permite. New bail laws given effect last month can only achieve their purpose to deliver better outcomes with the co-operation and understanding of When determining exception circumstances, the Court can take many different positions on what ‘does’ and ‘does not’ meet these grounds. After hearing submissions made on the client’s behalf, her BAIL ACT 1977 - SECT 4E All offences—unacceptable risk test (1) A bail decision maker must refuse bail for a person accused of any offence if the bail decision maker is satisfied that— (a) there is a risk The term surrounding circumstances is defined in section 3. 4. This detailed guide covers what you need to know about the new Victorian bail legislation and how it affects adults and First Nations people. In considering whether exceptional circumstances bail exist, the surrounding Exceptional circumstances test Under the exceptional circumstances test, the bail decision maker must refuse bail unless satisfied that exceptional circumstances (1) The step 1—exceptional circumstances test applies to a decision of whether to grant bail to a person accused of a Schedule 1 offence. The Inquest into Veronica’s death by the Coroners Court of Victoria published its’ report in January of 2023 and made several recommendations, including changes to the Bail Act with respect to when 3. Notes 1 Section 4AA (1) sets out when a person who is accused of an offence in this Schedule will be subject to the step 1—exceptional circumstances test. Bail and the ‘show compelling reason’ test The ‘show compelling reason’ test requires the decision maker to refuse to If you make a bail application you will either be required to demonstrate to the bail decision maker that ‘ exceptional circumstances ’ or ‘ compelling reasons ’ exist and that your remand is not justified.

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