Services

Bail Application Lawyer Melbourne

When can you apply for bail?

You may apply for bail:

  • After being charged and refused bail by police

  • While in custody awaiting a hearing

  • If there has been a change in circumstances

Timing is critical. In some cases, an immediate application is appropriate. In others, a carefully prepared application will provide the best chance of success.

Understanding the bail tests

The test that applies to your bail application depends on the offence you are charged with.

Exceptional circumstances

For the most serious offences, you must demonstrate exceptional circumstances to be granted bail.

Compelling reasons

For certain serious offences, you must establish compelling reasons why bail should be granted.

Unacceptable risk

For all matters, bail must be refused if the court considers there is an unacceptable risk that you would:

  • Commit further offences

  • Endanger another person

  • Interfere with witnesses or obstruct justice

  • Fail to attend court

A successful bail application must directly address these risks.

Preparing your bail application

A well-prepared application can significantly improve your prospects of being granted bail.

This may include:

  • Evidence of stable accommodation

  • Employment or family responsibilities

  • Character references

  • Arrangements for treatment or rehabilitation

  • Proposed bail conditions to address risk

Our lawyers work closely with you and your support network to prepare a strong and targeted application.

What this means for you

If you have been refused bail, you still have the right to apply to the court.

Your prospects of success will depend on:

  • The nature and seriousness of the charges

  • Your personal circumstances and history

  • Whether any alleged risks can be properly addressed

Early legal advice and careful preparation are essential.

Our experience

Our criminal defence lawyers have extensive experience in bail applications across all Victorian courts, including:

  • Magistrates’ Court

  • Children’s Court

  • County Court

  • Supreme Court

We regularly act in urgent bail applications and complex matters involving serious charges.

Speak with a bail application lawyer

If you or a loved one is in custody, you should seek legal advice immediately.

At Stary Norton Halphen & Galbally, we provide prompt advice and strong representation to give you the best possible chance of being released on bail.

To speak with an experienced bail applications lawyer in Melbourne, contact Stary Norton Halphen & Galbally here or on (03) 8622 8200

If you have been charged with a criminal offence and refused bail, you may be remanded in custody. In these circumstances, it is critical to obtain urgent legal advice.

At Stary Norton Halphen & Galbally, our experienced bail application lawyers in Melbourne provide strategic advice and strong court representation to maximise your prospects of being released.

Bail Applications in Victoria

Bail is the conditional release of a person charged with a criminal offence, on the undertaking that they will attend court when required.

If police refuse bail, you will be brought before a court as soon as practicable. A Magistrate will then determine whether you are granted bail or remain in custody.

Bail applications are governed by the Bail Act 1977 (Vic), which sets out strict legal tests that must be satisfied before bail can be granted.

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