Application for Bail

Running head: CRIMINAL LAW
CRIMINAL LAW
Name of the Student:
Name of the University:
Author Note:

1CRIMINAL LAW
Application for Bail
BY
In favor of Mr. Will

2CRIMINAL LAW
This is an application of which is being made in relation to Mr Will.
The provision of bail has been provided under section 1B of the Bail Act 1977 (Vic)1. Bail is the
process by which a person, who was arrested, was released from custody on agreeing on certain
terms and conditions as laid by the Court.
The bail is to be refused by the bail authority unless the accused person is able to depict why the
detention is unjustified.
The bail decision has to be made by the bail authority where the accused person can show that
his or her detention is unjustified.
The application of bail for Mr. Will has to be made under section 8 of the Bail Act 1977 (Vic). It
must be noted here that the offender is accused of an indictable offence.
Conditions which may be applied by the court under the provisions of section 5 AAA of the
Bail Act 1977 (Vic)
The general conditions that are to be followed by the accused after being released on bail have
been given under section 5AAA of the act.
Those are not contacting or communicating with the victim or witnesses, attending treatment for
drug or alcohol, living at a specified address. The accused may also require reporting to the
police station regularly. He must surrender his passport and curfew. If all the conditions
mentioned under section 5AAA are not followed, the police may make application to the court to
cancel the bail and return the accused back to custody. It was observed in the case of Renate
Mokbel v DPP [2006]2.
1 Bail Act 1977 (Vic).
2 Renate Mokbel v DPP [2006].