Children and Bail in Victoria: How Bail Works for Minors in the Children’s Court
Introduction
When a young person is charged with a criminal offence in Victoria, Police or the Prosecution may apply for them to be held in custody until their matter is finalised. This applies to children and young people just as it does to adults. However, bail is a mechanism that allows a young person to remain in the community while their criminal matter progresses, subject to certain conditions.
Understanding how bail works for minors in Victoria is important for young people and their families navigating the legal system. This article explains bail eligibility for young people, common bail conditions, and the key considerations that apply to matters before the Children’s Court of Victoria.
What is Bail?
Bail is a set of conditions that enables an accused person, who would otherwise be remanded in custody, to be released while awaiting the outcome of their matter.
The purpose of bail is to ensure that an accused person attends Court. Bail regularly includes conditions that restrict a person’s freedom or compel them to perform certain actions while their matter is ongoing.
These bail conditions apply to young people charged with criminal offences in Victoria in much the same way as adults. However, there are certain bail conditions that are specific to young persons and the Children’s Court jurisdiction.
Bail Eligibility for Young People in Victoria
The legal test for whether a young person is granted bail is broadly the same as the process for adults charged with criminal offences.
Previously, there was a presumption in favour of young people receiving bail. However, following legislative reform, young people are now subject to the same bail tests before the Court as adults.
When deciding whether to grant bail to a young person in Victoria, a Magistrate may consider a variety of factors, including:
The severity of the alleged offending
Whether the young person has previously been before the Courts
Compliance with any previous bail conditions imposed
The available supports in the community for the young person
The likely sentence the young person would receive if found guilty of the alleged offences
A Magistrate will also consider the young person’s relative age and personal circumstances.
One of the key differences between youth bail applications and adult bail applications is the involvement of Youth Justice. In applications involving young people, Youth Justice is invariably involved.
Youth Justice is a government body specifically designed to provide services to young persons on bail or as a condition of a Court sentence. The involvement of Youth Justice gives the Court additional options when determining appropriate bail conditions.
Common Bail Conditions for Young People
Many of the bail conditions for minors in Victoria are similar to those imposed on adults. Common examples include:
Residing at a specific address
A curfew
Not leaving the State of Victoria
Not associating with co-accused persons
In addition to these standard conditions, there are several Youth Justice bail conditions available only to young people. These range from least to most restrictive:
Supervised Bail
Intensive Bail
Enhanced Bail Supervision and Support (EBSS)
Enhanced Bail Supervision and Support with Electronic Monitoring
Supervised Bail and Intensive Bail generally require a young person to attend regular meetings with Youth Justice and engage in support programs as directed.
EBSS imposes more intensive requirements and may include mandatory electronic monitoring through an ankle bracelet, allowing authorities to monitor a young person’s whereabouts. This option is generally limited to the most serious matters.
Challenges Young People Face While on Bail
Managing the requirements of bail can be challenging for young people, particularly when Youth Justice conditions are involved.
Bail conditions can be complicated and difficult for a young person to understand, meaning additional support may be required to ensure compliance. This can be especially difficult where a young person has unstable family or social dynamics, or where they are balancing other obligations such as school or employment.
Young persons may also find it difficult to separate themselves from negative peer influences, particularly where co-accused persons are involved.
However, complying with bail conditions is essential. Failure to comply can place a young person at risk of returning before the Court and being remanded in custody.
Support systems play an important role in helping young people comply with bail conditions. These may include family, friends, support services, Youth Justice, and ultimately, legal representatives.
What Happens if a Young Person Breaches Bail Conditions?
Breaching bail conditions is a criminal offence.
If a young person fails to comply with their bail conditions, including by allegedly committing further offending while on bail, several consequences may follow.
A young person may be brought back before the Court, and Police or the Prosecution may apply to have them remanded in custody. Even where bail is granted again, stricter conditions may be imposed.
If there are concerns that a young person may be breaching bail conditions, it is important to address these issues promptly to reduce the risk of remand.
How Can Stary Norton Halphen & Galbally Help?
At Stary Norton Halphen & Galbally, we take great pride in our experienced team of Children’s Court advocates. Our lawyers regularly appear in the Children’s Court and are led by an Accredited Specialist in Children’s Law.
The Children’s Court is a unique jurisdiction, distinct from the adult Magistrates’ Court, and it is important to seek representation from lawyers with specific experience and expertise in this area of law.
We are committed to assisting young people with matters before the Children’s Court. Assisting young persons with bail applications is just one of the many ways in which we advocate for our clients.
If you, or someone you know, has a matter before the Children’s Court, please do not hesitate to contact our team.
For any information or assistance, please contact our legal team.
You can reach us at 03 8622 8200 or through our online form.