Bail Law in Victoria: A Practical Guide to the Law, Procedure and Advocacy in Bail Applications

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Federation Press, 2003 - Bail - 78 pages
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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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Contents

LegislativeLegal Framework
1
Application of Bail Act Principles
8
Conditions Surety and Variation
30
Circumstances Affecting Continuation of Bail
36
Bail at Committal and Trial and Following Trial
42
Appeals
53
Bail in Federal Offences
60
Bail in the Childrens Court
62
Evidence and Practice in Bail Applications
64
Advocacy in Bail Applications
69
I
75
Copyright

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