BAIL not jail

---

Conditions of bail
An undertaking of bail is a promise to appear at court on a certain date to answer the charges. Bail can be granted with special conditions or no conditions.

The Bail Act 1977 contains a list of common bail conditions however the police, bail justice or court can also impose conditions that do not appear in the Bail Act.

Special Conditions
The Magistrates’ Court can impose any number of special conditions on your bail that it considers appropriate including, but not limited to:

not contacting certain people
living at a certain address
reporting to a local police station
surrendering a passport.
Own undertaking
If you are not required to provide a deposit or a surety, you are bailed on your own undertaking.

Surety
A surety is a person who pays or promises to pay money to the court if you fail to comply with your undertaking of bail. A surety must prove they can provide the amount fixed by the court. This may be done by providing money or proof of assets such as real property. If you do not comply with the undertaking of bail, the surety may lose their money or have their assets sold to recover the amount promised.

Deposit
A deposit can be made by an accused person to provide security that they will attend court. A deposit is like a surety, except the deposit is given by the accused person rather than someone else. If you fail to appear, you may lose your deposit.Conditions of bail
An undertaking of bail is a promise to appear at court on a certain date to answer the charges. Bail can be granted with special conditions or no conditions.

The Bail Act 1977 contains a list of common bail conditions however the police, bail justice or court can also impose conditions that do not appear in the Bail Act.

Special Conditions
The Magistrates’ Court can impose any number of special conditions on your bail that it considers appropriate including, but not limited to:

not contacting certain people
living at a certain address
reporting to a local police station
surrendering a passport.
Own undertaking
If you are not required to provide a deposit or a surety, you are bailed on your own undertaking.

Surety
A surety is a person who pays or promises to pay money to the court if you fail to comply with your undertaking of bail. A surety must prove they can provide the amount fixed by the court. This may be done by providing money or proof of assets such as real property. If you do not comply with the undertaking of bail, the surety may lose their money or have their assets sold to recover the amount promised.

Deposit
A deposit can be made by an accused person to provide security that they will attend court. A deposit is like a surety, except the deposit is given by the accused person rather than someone else. If you fail to appear, you may lose your deposit.Most people who are charged with a crime get bailed until a court date.

It is very common for people who are charged with a crime to get bail.

This means that they will not be in jail, but instead they will be released into the community until the court case starts.

If they are held in custody, this is called remand.

e by the court. This includes rules that help keep victims and witnesses of the crime safe.

Some common rules for being on bail are:

agreeing to come to court when the case starts
not contacting you or other witnesses
having counselling or medical treatment
living at a particular address
regularly reporting to a police station.
If the accused person does not follow the rules, bail can be taken away. The police may apply to the court to take away bail and will return the accused person to custody.

How is bail granted?
The accused person must apply for bail. They can do this at any time from when they are charged with the crime until the case goes to court.

If they do not get bail, they can apply again. They must show the court that there are new facts and circumstances since the first time they applied.

Even if the person has confessed to the police that they committed the crime, they can still be released on bail. This is because the law in Victoria says that people are innocent until they are proven guilty at court.