Bail Law in Victoria: A Practical Guide to the Law, Procedure and Advocacy in Bail Applications
Bail decisions are invariably urgent. There is rarely time for detailed reasons or exhaustive canvassing of authorities, and the ex tempore judgments are usually no more than a mere application of the statute to the facts of the case. Decision-makers balance competing considerations amidst varying circumstances, and, taking different views, arrive at inconsistent decisions. The advocate inevitably has enormous influence on this decision: advocacy skills become the difference between success and failure. Professor George Hampel, formerly Justice of the Supreme Court of Victoria, and Daniel Gurvich of the Melbourne Bar, identify and address all the issues judges, magistrates and advocates in Victoria need to understand. The authors provide the means to understand the complex scheme of the Bail Act 1977 as amended, and thoroughly explain the way the principles governing bail are applied in practice. They include statements of principle from unreported Supreme Court decisions at the same time emphasising the danger of arguing from those decisions for a particular result.
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Application of Bail Act Principles
Conditions Surety and Variation
Circumstances Affecting Continuation of Bail
Bail at Committal and Trial and Following Trial
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71 ALJR 97 A Crim accused person advocate affidavit answer bail applicant's application for bail arrest Bail Act bail applications bail conditions bail is granted bail justice Beljajev v DPP charge circum committal proceedings conditions of bail considerations considered constitute exceptional circumstances Controlled Substances Act County Court Court Act 1989 Court of Appeal Crim R 19 Crimes Act 1958 Customs Act 1901 decision to grant delay DPP unreported evidence Extradition Act 1988 facts or circumstances failing to appear Full Court further offences George Hampel grant bail grant of bail held in custody indictable offence interfere with witnesses judge judge of appeal Judiciary Act 1903 jurisdiction leave to appeal magistrate Mokbel onus principles prison provides pursuant reasons refusal of bail refuse bail released on bail relevant remand revocation of bail revoke bail sentence special leave stances Supreme Court surety unacceptable risk Victoria VSCA warrant Zayat