Appealing and revoking bail orders
Appealing bail orders
The DPP may appeal to the Supreme Court in any case where:
- a grant of bail appears to contravene the Bail Act; or
- where the conditions of bail are not sufficient and it is in the public interest to appeal the bail orders.
On such an application, the Supreme Court may set aside the original bail order and conduct a fresh bail hearing (s 18A Bail Act).
Revoking bail orders
Section 18AE of the Bail Act allows an informant or the DPP to apply to the court for bail to be revoked where an accused is required to appear on bail (noting that for an accused charged with treason or murder, such an application must be made to the Supreme Court).
An application for bail to be revoked may occur, for example, when an accused has not complied with bail conditions or is alleged to have reoffended while on bail. There is no ‘threshold’ circumstance prescribed by the Bail Act for an application for revocation to be made.
The Bail Act gives no guidance on how the discretionary power it confers to revoke bail is to be exercised. However, in Re Gloury Hyde (No 2) [2018] VSC 520 (at [13]), the court held that it must be done ‘by reference to the guiding principles in section 1B’. In Re Hammoud [2022] VSC 613 the court held that there is no requirement for a court determining an application for revocation to return to the original bail test or unacceptable risk considerations. It is necessary to determine, in all the circumstances, whether it is appropriate for bail to continue or be revoked having regard to the guiding principles of section 1B ([62]–[63]).
On hearing an application to revoke bail, the court can either revoke bail or refuse the application (s 18AF). Courts must give reasons for revoking bail.
The DPP can appeal to the Supreme Court any decision not to revoke bail (s 18AG).
If bail is revoked, an accused can reapply for bail (see ‘Further bail applications’, above).
