Victorian Consolidated Legislation

Bail Act 1977 - SECT 18

Appeal against refusal of bail or conditions of bail

18. Appeal against refusal of bail or conditions of bail



(1) Where a person is detained in custody pending a preliminary hearing or
trial for an offence or pending the determination of the matter of an
information and that person has been refused bail by a bail justice or the
Magistrates' Court or, having been granted bail by a bail justice or the
Magistrates' Court, objects to some amount fixed or condition imposed for his
discharge from custody he may make application-

   (a)  to the Magistrates' Court; or





   (b)  to the court to which he would be required to surrender himself under
        the conditions of the bail-

for an order granting bail or varying the amount of any bail fixed or
condition imposed (as the case requires).

(2) In addition to and without in any way derogating from the provisions of
subsection (1) a person who has been granted bail but is unable within 24
hours after the grant of bail to meet the requirements for his release on bail
may make application to the bail justice granting the bail or to the
Magistrates' Court for variation of the amount or conditions of the bail.

(3) If it appears to the court or bail justice on the hearing of an
application under this section that having regard to all the circumstances of
the case and of the applicant including in particular the considerations
described in section 4(3) it is reasonable to vary the original order the
court or bail justice may grant bail to the applicant, either with or without
a surety or sureties, or in a reduced amount and with or without any
conditions to which the original order was subject or with varied conditions
(as the case requires) or may refuse the application and confirm the order
under which he is detained in custody.

(4) Where application is made under subsection (1) or (6B) to a court in
respect of an order made by a court or bail justice, the first-mentioned court
shall not proceed to hear the matter of the application unless the applicant
was not represented by a legal practitioner when the order was made or the
applicant satisfies the court hearing the application that new facts or
circumstances have arisen since the making of the order.

(5) The foregoing provisions of this section shall not in any way limit or
derogate from any right of application or appeal to the Supreme Court or the
County Court which any person may have apart from the provisions of this
section.

(6) Where a court has granted bail it may on application-

   (a)  by or on behalf of the person to whom it was granted; or





   (b)  by or on behalf of the informant or the Crown-

vary the amount or conditions of bail or revoke the bail or impose conditions
in respect of bail granted unconditionally.

(6A) If a court refuses to revoke bail on an application under subsection
(6)(b), the Director of Public Prosecutions, if satisfied that an appeal
should be brought in the public interest, may appeal to the Supreme Court in
the same manner as is provided in section 18A.

(6B) If a person has been released on bail but the bail is revoked under this
section or section 24(3), the person may apply to-

   (a)  the Magistrates' Court; or

   (b)  the court to which the person was required to surrender under the
        conditions of the revoked bail-

for an order granting bail.

(7) Where an accused person who has been admitted to bail with a surety or
sureties makes application pursuant to this section for an order varying the
amount of the bail fixed or any condition of bail imposed he shall at a
reasonable time before the hearing of the application give notice in writing
of the application in the prescribed form to the surety or sureties (as the
case may be) and the surety or sureties (as the case may be) shall be entitled
to appear at the hearing of the application and to give evidence and the court
or bail justice may, if it or he or she thinks fit, adjourn the hearing to
enable him or them to do so.

(8) A notice required to be given to a surety pursuant to subsection (7) may
be given personally or by post or by causing the notice to be delivered at his
place of residence shown in the affidavit or declaration of justification for
bail made by the surety.

(9) The provisions of subsection (7) shall apply to any application made to
the Supreme Court or the County Court for an order varying the amount of any
bail fixed or condition of bail imposed which such an accused person as is
described in that subsection might have the right to make apart from the
provisions of this section as it applies to an application made pursuant to
this section.