Victorian Consolidated Legislation

Bail Act 1977 - SECT 8

Application for bail

8. Application for bail

In any proceedings with respect to bail-

   (a)  the court may, subject to paragraph (b), make such inquiries on oath
        or otherwise of and concerning the accused as the court considers
        desirable;

   (b)  the accused person shall not be examined or cross-examined by the
        court or any other person as to the offence with which he is charged
        and no inquiry shall be made of him as to that offence;

   (c)  the informant or prosecutor or any person appearing on behalf of the
        Crown may, in addition to any other relevant evidence, submit
        evidence, whether by affidavit or otherwise-

   (i)  to prove that the accused has previously been convicted of a criminal
        offence;

   (ii) to prove that the accused has been charged with and is awaiting trial
        on another criminal offence;

   (iii) to prove that the accused has previously failed to surrender himself
        into custody in answer to bail; or

   (iv) to show the circumstances of the alleged offence, particularly as they
        relate to the probability of conviction of the accused;

   (d)  the court may take into consideration any relevant matters agreed upon
        by the informant or prosecutor and the accused or his or her legal
        practitioner; and

   (e)  the court may receive and take into account any evidence which it
        considers credible or trustworthy in the circumstances.