Victorian Numbered Acts Victorian Numbered ActsFor section 18 of the Bail Act 1977 substitute —
(1) An accused who has been refused bail and is in custody pending the hearing or trial of a charge may make a further application for bail.
(2) A person whose bail has been revoked under section 18AE or 24(3) may make a further application for bail.
(3) Subject to section 144(2)(c) of the Criminal Procedure Act 2009 , an application under subsection (1) or (2) is to be made—
(a) in the case of a person charged with treason or murder, to the Supreme Court or a judge of the Supreme Court;
(b) in any other case, to the court to which the person is remanded to appear.
(1) A court must not hear an application under section 18 unless—
(a) the applicant satisfies the court that new facts or circumstances have arisen since the refusal or revocation of bail; or
(b) the applicant was not represented by a legal practitioner when bail was refused or revoked; or
(c) the order refusing or revoking bail was made by a bail justice.
(2) Nothing in this section derogates from the right of a person in custody to apply to the Supreme Court for bail.
An application under section 18 must be conducted as a fresh hearing and determined in accordance with section 4.
(1) A person who has been granted bail, whether or not the person is in custody, may apply for variation of the amount of bail or the conditions of bail.
(2) The informant or the Director of Public Prosecutions may apply for—
(a) variation of the amount of bail or the conditions of bail; or
(b) the imposition of conditions in respect of bail which has been granted unconditionally.
(3) An application under subsection (1) or (2) is to be made—
(a) in the case of a person charged with treason or murder, to the Supreme Court or a judge of the Supreme Court;
(b) in any other case, to the court to which the person is required to surrender under his or her conditions of bail.
(4) A person may apply for variation of the amount of bail or the conditions of bail if—
(a) the person has been granted bail by a bail justice or the Magistrates' Court; and
(b) within 24 hours after the grant of bail, the person is unable to meet the conditions of bail.
(5) An application under subsection (4) is to be made to the bail justice who granted the bail or to the Magistrates' Court.
(1) On an application under section 18AC, the court or bail justice may vary the amount of bail or the conditions of bail if it appears to the court or bail justice that it is reasonable to do so having regard to all the circumstances including, if relevant—
(a) the nature and seriousness of the offence;
(b) the character, antecedents, associations, home environment and background of the accused;
(c) the history of any previous grants of bail to the accused;
(d) the strength of the evidence against the accused;
(e) the attitude, if known, of the alleged victim of the offence to the proposed variation of the amount of bail or the conditions of bail.
Note
Section 5 provides for the imposing of conditions of bail.
(2) In any other case, the court or bail justice must dismiss the application under section 18AC.
(1) The informant or the Director of Public Prosecutions may apply for revocation of bail granted to a person.
(2) An application under subsection (1) is to be made—
(a) in the case of a person charged with treason or murder, to the Supreme Court or a judge of the Supreme Court;
(b) in any other case, to the court to which the person is required to surrender under his or her conditions of bail.
On an application under section 18AE, the court may either—
(a) revoke bail; or
(b) dismiss the application.
The Director of Public Prosecutions may appeal to the Supreme Court in the same manner as is provided in section 18A against a refusal to revoke bail if the Director is satisfied that an appeal should be brought in the public interest.
(1) Nothing in section 18, 18AA, 18AC or 18AE derogates from any other right of application or appeal to the Supreme Court or the County Court.
(2) Section 18AI applies to an application to the Supreme Court or the County Court made other than under this Act by an accused for an order to vary the amount of bail or a condition of bail.
(1) If an accused who has been admitted to bail with a surety or sureties applies for variation of the amount of bail or the conditions of bail, the accused must give written notice of the application to each surety.
(2) Notice under subsection (1) must be—
(a) in the prescribed form; and
(b) given a reasonable time before the hearing of the application; and
(c) given personally or by post or by causing the notice to be delivered at the place of residence of the surety shown in the affidavit of justification for bail.
(1) A surety for a person admitted to bail is entitled to attend and give evidence at the hearing of an application made by that person for variation of the amount of bail or the conditions of bail.
(2) The court may adjourn the hearing of an application referred to in subsection (1) to enable a surety to attend.".