Bail in Australia: How It Works and What Happens If You Are Refused

What Is Bail?

Bail is the release of an accused person from police or court custody while awaiting trial or sentencing. Bail may be granted by police after charge, or by a court.

How Is Bail Decided?

The bail decision maker (police officer or magistrate/judge) weighs the bail concerns against the accused's interests. Key factors include:

• The risk the accused will fail to appear in court
• The risk of committing a further serious offence on bail
• The risk of endangering the safety of any person
• The risk of interfering with witnesses or evidence

The seriousness of the offence, criminal history, ties to the community, and likelihood of conviction are all considered.

Bail by Police

After charging a person, police can:

• Grant bail with or without conditions
• Refer the bail decision to a court
• Refuse bail (for serious offences)

Bail by a Court

If police refuse bail, the accused is brought before a magistrate (usually the next day). The accused (or their lawyer) can make a bail application. The prosecution can oppose bail.

Bail Conditions

If granted, bail usually comes with conditions such as:

• Reporting to a police station regularly
• Surrendering a passport
• Living at a specific address
• A curfew
• No contact with alleged victims or witnesses
• A surety (a third party who pledges money if the accused fails to appear)

What Happens If Bail Is Refused?

If bail is refused by a magistrate, the accused is remanded in custody. They can apply to a higher court for bail or make a fresh application if circumstances change.

Bail Act by state: Each state has its own bail legislation:

State	Legislation
NSW	Bail Act 2013
VIC	Bail Act 1977
QLD	Bail Act 1980
WA	Bail Act 1982
SA	Bail Act 1985
TAS	Bail Act 1994
NT	Bail Act 1982
ACT	Bail Act 1992

Breaching Bail

Breaching a bail condition is a criminal offence. Police can arrest you without a warrant. Courts take bail breaches seriously, and bail may be revoked.