The College is pleased to announce the release of our Bail Bench Book, providing guidance on Victoria’s bail laws under the Bail Act 1977 (Vic), incorporating all recent legislative amendments and the most current case law.
This resource addresses the complexities judicial officers encounter in bail decision-making, with analyses of:
- the three-stepped bail tests of exceptional circumstances, compelling reason and unacceptable risk
- considerations in making determinations for Aboriginal persons, children and vulnerable adults under sections 3A and 3B and in the context of family violence or in terrorism-related matters
- review processes including appeals, variations, and revocations of bail
- conditions and roles including undertakings, electronic monitoring and other bail conditions, and the differing responsibilities of police, bail justices and courts across all levels
Combining legislative and case analyses, the Bail Bench Book offers guidance on Victoria’s complex bail laws. It supports judicial officers in making decisions and assists legal practitioners to prepare and present bail applications by guiding readers through the competing considerations.
The Bail Bench Book has been developed with the guidance of an experienced editorial committee of judicial officers.
Update: The Bail Bench Book has been revised to include the Bail Further Amendment Act 2025 (Vic) changes commencing 30 September 2025 – see our news item for details.