The Federation Press

Bail Law in Victoria

Overview

It is over 10 years since Professor George Hampel, former Supreme Court Judge and Daniel Gurvich, criminal law barrister published the first edition of Bail Law in Victoria. Since that time the Bail Act 1977 has been amended numerous times, it has been reviewed by the Victorian Law Reform Commission and has been interpreted in light of the Charter of Human Rights and Responsibilities Act 2006.

In this 2nd edition of the book Professor George Hampel, Daniel Gurvich and Sarah Bruhn, who prior to becoming a barrister at the Victorian Bar worked at the Supreme Court of Victoria assisting with management of bail applications, provide a timely update of the law on bail in Victoria. A comprehensive review of the case law is provided. The authors identify the potential issues that lawyers need to be aware of when applying for (or opposing) bail.

The original format of the book has been maintained where possible and additional chapters on the Charter of Human Rights and Responsibilities Act 2006 and the history of bail in Victoria are included. As with the original edition of Bail Law in Victoria the authors seek to provide a comprehensive yet easy to read text to assist lawyers in providing the best advice and advocacy.

Reviews

Reviews of previous edition:

This is a helpful guide for practitioners in Criminal Law. With a focus that is primarily practical, it provides detailed information on case law and legislation in respect to all aspects of bail. It also adequately sets out the steps and procedures involved in applications for bail for both solicitors and advocates. A publication such as this has been long overdue given that bail is an issue which is relevant to the many stages of the criminal process and can often involve complex issues. The guide would benefit practitioners in many jurisdictions … The material is presented in a user-friendly format, is well researched and divided into easy to find sections. It contains background information on the principles of bail law and also covers the appeals process, evidentiary issues and advocacy in bail applications. - Law Institute Victoria Criminal Law Section Newsletter, June 2004

A useful reference, … this book is unassuming, accessibly written and well-organised. Bail Law in Victoria is organised into logical sections which systematically set out the legislative framework and the general principles in relation to the grant, refusal and continuation of bail; bail at committal, trial and on appeal; bail for federal offences and in the Children’s Court; and evidence, practice and advocacy in bail applications. There is a considerable amount of case law and practice that pertains uniquely to bail applications. Moreover, practice and law differ from jurisdiction to jurisdiction. … A series of decisions is reviewed by the authors about when delay in a trial or a committal constitute “ exceptional circumstances”, as well as issues such as poor health of the accused and weakness in the prosecution case. This is very useful material for solicitors and barristers alike …A further element in bail applications is the consideration of whether there is “unacceptable risk” … the book helpfully and straightforwardly reviews the relevant authorities … The practical sections on evidence, practice and advocacy in bail applications are helpful and constructive. …[The book] should lead to more precedent-influenced decision-making and better structured and planned arguments by defence and prosecution representatives … This book should be regarded as an obligatory purchase for Victorian criminal law practitioners. - Law Institute Journal (Victoria), April 2004

Table of Contents

Foreword by The Hon Justice Chris Maxwell AC
About the Authors
Table of Cases
Table of Statutes
Basic Bail Decision-Making Flow Chart

1.  A Brief History of Bail in Victoria

2.  Legislative/Legal Framework

3.  Application of Bail Act Principles

4.  Charter of Human Rights and Responsibilities Act 2006

5.  Conditions, Surety, Variation and Extension of Bail

6.  Circumstances Affecting Continuation of Bail

7.  Bail at Committal and Trial, and Following Trial

8.  Further Bail Applications and Appeals

9.  Children and Young Offenders

10. Bail in Federal Offences

11. Evidence and Practice in Bail Applications

12. Advocacy in Bail Applications

Bibliography
Index

Of interest...