Victorian Consolidated Regulations Victorian Consolidated RegulationsFor the purposes of section 26(2) of the Act, a warrant to arrest the person
must be in Form 21.
Form 1 substituted by S.R. No. 8/2024 reg. 14.
Form 1—Bail undertaking
BAIL UNDERTAKING
[ Name of person who has been arrested ] ("the arrested person") has been arrested *and charged with [ specify nature of charge(s) ]/*under a warrant issued under [ insert section number and name of Act under which the warrant is issued ].
The arrested person has been granted bail.
1. The conditions of bail are that the arrested person must—
(a) attend on [ date ] at [ time ] *a.m./*p.m. before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] and then surrender into custody; and
(b) not depart without the leave of the Court and, if leave is given, return at the time specified by the Court and again surrender into custody; and
(c) *[ insert any other conditions imposed ].
†2. If the hearing or examination referred to in paragraph 1(a) is postponed or adjourned and the *bail guarantor has/*bail guarantors have consented to the inclusion of this provision in this bail undertaking, the Court postponing or adjourning the hearing or examination may extend the undertaking without the further consent of the *bail guarantor/*bail guarantors.
† NOTE—Each bail guarantor should be advised that the effect of this bail undertaking being extended without any further consent by that bail guarantor is that the bail guarantor remains bound by the bail guarantee until the subsequent hearing or examination. If any bail guarantor is unwilling to remain bound by the bail guarantee without further consent, paragraph 2 MUST be struck out and initialled by the person before whom the undertaking is given.
I give this bail undertaking and acknowledge receipt of a notice setting out my obligations concerning the conditions of my bail and the consequences of my failure to comply with those conditions.
[ signature of arrested person ]
*I give this bail guarantee and acknowledge receipt of a notice setting out the obligations of the arrested person concerning the conditions of their bail and the consequences of their failure to comply with those conditions. I further undertake to pay to *the Prothonotary/*the Registrar of the County Court/*the Principal Registrar of the Magistrates' Court/*the Principal Registrar of the Children's Court the amount of bail specified on this Form, in the event that the arrested person fails to observe a condition of bail.
[ signature of bail guarantor ]
[ Repeat for any additional bail guarantors ]
*Delete if inapplicable
BAIL UNDERTAKING
*Supreme/*County/*Magistrates'/*Children's Court
Informant: [ name ]
Arrested person: [ name ]
Address of arrested person: [ address ]
*Nature of charge(s): [ state briefly ]/*Case number(s) on the warrant(s):
Deposit: [ amount ]
The arrested person came before me and signed this bail undertaking.
∗The *bail guarantor/*bail guarantors came before me and signed this bail undertaking and undertook to pay to *the Prothonotary/*the Registrar of the County Court/*the Principal Registrar of the Magistrates' Court/*the Principal Registrar of the Children's Court the following amount(s) if the arrested person fails to comply with the condition(s) of their bail:
Bail guarantor: [ name ]
Address: [ address of bail guarantor ] The amount of $[ deposit amount ]
[ Repeat for any additional bail guarantors ]
I satisfied myself before releasing the arrested person that the arrested person *and the *bail guarantor/*bail guarantors understood the nature and extent of the obligations of the arrested person under the conditions of their bail and the consequences of their failure to comply with those conditions.
Bail undertaking(s) given on [ date ], at [ place ] in the State of Victoria, before me—[ name and signature of person before whom the bail undertaking is given ]
*Judge
*Magistrate
*Bail justice
*Prothonotary
*Deputy prothonotary
*Registrar of the County Court
*Deputy registrar of the County Court
*Registrar of the Magistrates' Court
*Deputy registrar of the Magistrates' Court
*Registrar of the Children's Court
*Deputy registrar of the Children's Court
*A police officer *of or above the rank of sergeant/*for the time being in charge of a police station
*The Governor of the prison at [ specify prison ]
*An officer of the prison at [ specify prison ] of or above the rank of senior prison officer
*The sheriff or another person authorised under section 115(5) of the Fines Reform Act 2014 to discharge the arrested person from custody on bail
*Delete if inapplicable.
Form 2 substituted by S.R. No. 8/2024 reg. 15.
Form 2—Bail undertaking for attendance at trial
BAIL UNDERTAKING FOR ATTENDANCE AT TRIAL
On [ date ], [ insert name of accused ] ("the accused") was directed to be tried for the offence(s) of [ specify offence(s) ]
*before the *Supreme/*County Court at [ venue ] at its sittings commencing on [ date ].
*before the *Supreme/*County Court at [ venue ] at [ time ] *a.m./*p.m. on [ date ].
The accused has been granted bail for attendance at the trial.
1. The conditions of bail are that the accused must—
(a) attend at the trial, at a day, time and place notified to the accused *and their *bail guarantor/*bail guarantors by the *Supreme/*County Court, and then surrender into custody; and
(b) not depart without the leave of the Court and, if leave is given, return at the time specified by the Court and again surrender themselves into custody; and
(c) *reside at [ address ], and if the accused is granted permission by a court to change their place of residence from the place appearing in this bail undertaking as the accused's address, the accused must notify the following in writing of that change of address—
(i) the informant within 24 hours of the change of address; and
(ii) the Director of Public Prosecutions via email at [ email address ] or at [ postal address ] as soon as practicable after the change of address; and
*reside at [ address ], and if the accused changes their place of residence from the place appearing in this bail undertaking as the accused's address, the accused must notify the following in writing of that change of address—
(i) the informant within 24 hours of the change of address; and
(ii) the Director of Public Prosecutions via email at [ email address ] or at [ postal address ] as soon as practicable after the change of address; and
(d) *[ insert any other conditions imposed ].
†2. If the hearing referred to in paragraph 1(a) is postponed or adjourned and the *bail guarantor has/*bail guarantors have consented to the inclusion of this provision in this bail undertaking, the Court postponing or adjourning the hearing may extend the undertaking without the further consent of the *bail guarantor/*bail guarantors.
† NOTE—Each bail guarantor should be advised that the effect of this bail undertaking being extended without any further consent by that bail guarantor is that the bail guarantor remains bound by the bail guarantee until the subsequent hearing has been completed. If any bail guarantor is unwilling to remain bound by the bail guarantee without further consent, paragraph 2 MUST be struck out and initialled by the person before whom the undertaking is given.
3. If any bail guarantor changes their place of residence or business from the place appearing in this bail undertaking as the bail guarantor's address, the bail guarantor must notify in writing the Director of Public Prosecutions of that change of address via email at [ email address ] or at [ postal address ] as soon as practicable after the change of address.
I give this bail undertaking and acknowledge receipt of a notice setting out my obligations concerning the conditions of my bail and the consequences of my failure to comply with those conditions.
[ signature of accused ]
*I give this bail guarantee and acknowledge receipt of a notice setting out the obligations of the accused concerning the conditions of their bail and the consequences of their failure to comply with those conditions. I further undertake to pay to *the Prothonotary/*the Registrar of the County Court/*the Principal Registrar of the Magistrates' Court/*the Principal Registrar of the Children's Court the amount of bail specified on this Form, in the event that the accused fails to observe a condition of bail.
[ signature of bail guarantor ]
[ Repeat for any additional bail guarantors ]
*Delete if inapplicable
BAIL UNDERTAKING
Court at which accused is directed to be tried: [ *Supreme/*County Court ]
Informant: [ name ]
Accused: [ name ]
Accused's address: [ address ]
Nature of charge(s): [ state briefly ]
*Deposit: [ amount ]
The accused came before me and signed this bail undertaking.
*The *bail guarantor/*bail guarantors came before me and signed this bail undertaking and undertook to pay to *the Prothonotary/*the Registrar of the County Court/*the Principal Registrar of the Magistrates' Court/*the Principal Registrar of the Children's Court the following amount(s) if the accused fails to comply with the condition(s) of their bail:
Bail guarantor: [ name ]
Address: [ address of bail guarantor ]
The amount of $[ deposit amount ]
[ Repeat for any additional bail guarantors ]
I satisfied myself before releasing the accused that the accused *and the *bail guarantor/*bail guarantors understood the nature and extent of the obligations of the accused under the conditions of their bail and the consequences of their failure to comply with those conditions.
Bail undertaking(s) given on [ date ], at [ place ] in the State of Victoria, before me—[ name and signature of person before whom the bail undertaking is given ]
*Judge
*Magistrate
*Bail justice
*Prothonotary
*Deputy prothonotary
*Registrar of the County Court
*Deputy registrar of the County Court
*Registrar of the Magistrates' Court
*Deputy registrar of the Magistrates' Court
*Registrar of the Children's Court
*Deputy registrar of the Children's Court
*A police officer *of or above the rank of sergeant/*for the time being in charge of a police station
*The Governor of the prison at [ specify prison ]
*An officer of the prison at [ specify prison ] of or above the rank of senior prison officer
*Delete if inapplicable.
Form 3 substituted by S.R. No. 8/2024 reg. 16.
Form 3—Undertaking by parent or other person when child does not have the capacity or understanding to give a bail undertaking
(Section 16B)
UNDERTAKING BY PARENT OR OTHER PERSON WHEN CHILD DOES NOT HAVE THE CAPACITY OR UNDERSTANDING TO GIVE A BAIL UNDERTAKING
[ Name of child ] ("the child"), has been arrested *and charged with [ specify nature of charge(s) ]/*under a warrant issued under [ insert section number and Act under which the warrant was issued ].
1. *[ To be included unless the child is awaiting trial ] The child has been directed to attend on [ date ], at [ time ] *a.m./*p.m. before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ].
*[ To be included if the child is awaiting trial ] On [ date ], the child was directed to be tried for the offence(s) of [ specify offence(s) ]
*before the *Supreme/*County Court at [ venue ] at its sittings commencing on [ date ].
*before the *Supreme/*County Court at [ venue ] at [ time ] *a.m./*p.m. on [ date ].
2. The child has been granted bail for attendance at *court/*the trial.
3. *The conditions of the child's bail are—
(a) [ insert any conditions imposed ].
4. Under this undertaking, [ name of parent or other person giving the undertaking under section 16B of the Bail Act 1977 ] of [ address ] undertakes to—
(a) produce [ name of child ] on [ date ] at [ time ] *a.m./*p.m. before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] and not take the child from the Court without leave; and
(b) as often as leave is given, return the child to the Court at the time appointed by the Court on granting leave.
†5. If the hearing or examination referred to in paragraph 1 is postponed or adjourned and the *bail guarantor has/*bail guarantors have consented to the inclusion of this provision in this undertaking, the Court postponing or adjourning the hearing or examination may extend the undertaking without the further consent of the *bail guarantor/*bail guarantors.
† NOTE—Each bail guarantor should be advised that the effect of this undertaking being extended without any further consent by that bail guarantor is that the bail guarantor remains bound by the bail guarantee until the subsequent hearing or examination. If any bail guarantor is unwilling to remain bound by the bail guarantee without further consent, paragraph 5 MUST be struck out and initialled by the person before whom the undertaking is given.
I give this undertaking and acknowledge that [ name of child ] has received a notice setting out their obligations concerning the conditions of their bail and the consequences of failing to comply with those conditions.
[ signature of parent or other person giving the undertaking ]
*I give this bail guarantee and acknowledge receipt of a notice setting out the obligations of the child concerning the conditions of their bail and the consequences of their failure to comply with those conditions. I further undertake to pay to *the Prothonotary/*the Registrar of the County Court/*the Principal Registrar of the Magistrates' Court/*the Principal Registrar of the Children's Court the amount of bail specified on this Form, in the event that the child fails to observe a condition of bail or there is a failure to comply with this undertaking.
[ signature of bail guarantor ]
[ Repeat for any additional bail guarantors ]
*Delete if inapplicable
UNDERTAKING
*Supreme/*County/*Magistrates'/*Children's Court
Informant: [ name ]
Child: [ name ]
Address of child: [ address ]
Name of person giving the undertaking under section 16B of the Bail Act 1977 : [ name ]
*Nature of charge(s): [ state briefly ]/*Case number(s) on the warrant(s):
*Deposit: [ amount ]
[ Name of parent or other person giving the undertaking ] came before me and signed this undertaking.
*The *bail guarantor/*bail guarantors came before me and signed this undertaking and undertook to pay to *the Prothonotary/*the Registrar of the County Court/*the Principal Registrar of the Magistrates' Court/*the Principal Registrar of the Children's Court the following amount(s) if the conditions of the undertaking are not complied with:
Bail guarantor: [ name ]
Address: [ address of bail guarantor ] The amount of $[ deposit amount ]
[ Repeat for any additional bail guarantors ]
I satisfied myself before releasing the child that the child *and the *bail guarantor/*bail guarantors understood the nature and extent of the obligations of the child under the conditions of the child's bail and the consequences of the child's failure to comply with those conditions.
Undertaking(s) given on [ date ], at [ place ] in the State of Victoria, before me—[ name and signature of person before whom the undertaking is given ]
*Judge
*Magistrate
*Bail justice
*Prothonotary
*Deputy prothonotary
*Registrar of the County Court
*Deputy registrar of the County Court
*Registrar of the Magistrates' Court
*Deputy registrar of the Magistrates' Court
*Registrar of the Children's Court
*Deputy registrar of the Children's Court
*A police officer *of or above the rank of sergeant/*for the time being in charge of a police station
*Delete if inapplicable.
Form 4 substituted by S.R. No. 8/2024 reg. 17.
Form 4—Notice of obligations of bail
NOTICE OF OBLIGATIONS OF BAIL
Informant: [* name of informant and prosecuting agency /* Director, Fines Victoria ]
Person on bail: [ name ]
*The accused is charged with: [ specify charge(s) ]/*The person on bail has been arrested on one or more warrants.
The conditions of bail are set out in the bail undertaking which this notice accompanies.
PERSON ON BAIL: IMPORTANT INFORMATION—DO NOT IGNORE THIS
You have been *charged with one or more offences/*arrested on one or more warrants and allowed out of custody on bail. You should immediately seek advice from your legal practitioner, Victoria Legal Aid [ insert address and telephone number ] or a community legal service, if you have not already done so.
You must:
• come back to court at the day and time specified in the bail undertaking, and continue to attend as required by the court; and
• not commit any offences while you are on bail; and
• do all the things set out in your conditions of bail.
If you do not come to court when required you may be arrested, held in custody and brought back to court. You may also be charged with the offence of failure to answer bail which has a maximum penalty of 2 years imprisonment.
If you commit an offence on bail, or do not comply with your conditions of bail, you may be arrested, held in custody, and brought to court. The court will decide whether to release you on bail again, or remand you in prison. The amount of your bail guarantee or deposit may have to be paid to the court.
Your bail conditions continue to have effect until the bail conditions are varied or revoked, or until your matter is finally determined by a court.
If you are subject to a family violence safety notice , and it is impossible for you to comply with both the notice and your bail conditions, you must comply with the notice. If it is possible to comply with both the notice and any of your bail conditions, you must comply with both.
If you are subject to a family violence intervention order , and it is impossible for you to comply with both the order and your bail conditions, you must comply with the order. If it is possible to comply with both the order and any of your bail conditions, you must comply with both.
If you are subject to a recognised DVO , and it is impossible for you to comply with both the recognised DVO and your bail conditions, you must comply with the recognised DVO. If it is possible to comply with both the recognised DVO and any of your bail conditions, you must comply with both.
BAIL GUARANTOR: IMPORTANT INFORMATION—DO NOT IGNORE THIS
If the person that you have provided a bail guarantee for commits an offence on bail, or does not comply with their conditions of bail, you will be liable to pay to the court the amount of the bail guarantee you provided .
*Supreme/*County/*Magistrates'/*Children's Court
*Date: [ date ]
*Judge
*Magistrate
*Bail Justice
*Prothonotary
*Deputy prothonotary
*Registrar of the County Court
*Deputy registrar of the County Court
*Registrar of the Magistrates' Court
*Deputy registrar of the Magistrates' Court
*Registrar of the Children's Court
*Deputy registrar of the Children's Court
*A police officer *of or above the rank of sergeant/*for the time being in charge of a police station
*The sheriff or another person authorised under section 115(5) of the Fines Reform Act 2014 to discharge the person from custody on bail
*Delete if inapplicable.
Form 5 substituted by S.R. No. 8/2024 reg. 18.
Form 5—Statement of reasons for granting bail
(Section 12A(3))
STATEMENT OF REASONS FOR GRANTING BAIL
Informant: [ name ]
Accused: [ name ]
The accused is charged with [ specify offence(s) ]
and is being held in custody at [ place at which held ] in relation to *that offence/*those offences.
The *step 1—exceptional circumstances test/*step 1—show compelling reason test applies in this matter.
The accused has satisfied me that *exceptional circumstances exist that justify the grant of bail/*a compelling reason exists that justifies the grant of bail.
The prosecutor has not satisfied me that there is an unacceptable risk that the accused would, if released on bail—
• endanger the safety or welfare of any other person, whether by committing an offence that has that effect or by any other means; or
• interfere with a witness or otherwise obstruct the course of justice in any matter; or
• fail to surrender into custody in accordance with any conditions of bail.
I, [ name of bail decision maker ], a [ insert title of bail decision maker ], order that the accused be released from custody upon—
*the accused signing a bail undertaking to attend before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] on [ date ] on the following condition(s):
[ insert any conditions imposed ]
*the accused's parent or another person signing an undertaking under section 16B of the Bail Act 1977 to return the accused child to the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] on [ date ]. The following condition(s) of bail have been imposed:
[ insert any conditions imposed ]
The reasons for making this order are—
[ specify reasons ]
Dated at [ place ], [ date ].
*Bail justice
*A police officer *of or above the rank of sergeant/*for the time being in charge of a police station
*Delete if inapplicable.
NOTE—This statement is to be provided, as soon as practicable after
granting bail, to the court specified in the accused's bail undertaking as the
court to which the accused is required to surrender into custody.
Form 6 substituted by S.R. No. 8/2024 reg. 19.
Form 6—Affidavit of justification for bail by bail guarantor
AFFIDAVIT OF JUSTIFICATION FOR BAIL BY BAIL GUARANTOR
In the matter of—[ name of arrested person ]
* under committal for trial at the sittings of the *Supreme/*County Court in its criminal jurisdiction at [ venue ].
* under committal for trial at the *Supreme/*County Court at [ venue ].
* on remand to attend before the *Magistrates'/*Children's Court at [ venue ] on [ date ].
* under arrest to answer [ state briefly ].
I, [ name of bail guarantor ] of [ address ], *affirm/*make oath and say—
1. That I am a person who has attained the age of 18 years and am not under any disability at law.
2. That I am, after payment of all my debts and liabilities, worth not less than the amount of [ bail amount ] in real or personal property or both.
3. That my real estate consists of [ the allotment, parish, street, etc., the area of the land and whether there are any buildings on the land should be stated with sufficient accuracy to identify the land ].
4. That my real estate is not encumbered *(except by [ if encumbered, state nature of encumbrances and give value of equity ]).
5. That my personal property consists of [ if money on deposit, give name and address of bank etc., if household furniture, state where kept ].
6. *That I am not bail guarantor in any other matter.
*That I am bail guarantor at the present time in the *matter/*matters of [ insert name of person(s) on bail for other matter(s) ] in the sum of $[ insert total bail amount in other matter(s) ] and in no other, but the value of my real and personal property is sufficient to cover my liability in *that matter/*all those matters.
The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.
*Sworn/*Affirmed at [ place ]
in the State of Victoria
on [ date ]
[ signature of bail guarantor ]
Before me—[ signature of affidavit taker ]
*Judge
*Magistrate
*Bail justice
*Prothonotary
*Deputy prothonotary
*Registrar of the County Court
*Deputy registrar of the County Court
*Registrar of the Magistrates' Court
*Deputy registrar of the Magistrates' Court
*Registrar of the Children's Court
*Deputy registrar of the Children's Court
*A police officer *of or above the rank of sergeant/*for the time being in charge of the police station at [ specify police station ]
*The Governor of the prison at [ specify prison ]
*An officer of the prison at [ specify prison ] of or above the rank of senior prison officer
*In the case of an enforcement warrant within the meaning of the Fines Reform Act 2014 , the sheriff or a person authorised under section 115(5) of that Act
*For the purposes of section 9(3B)(b) of the Bail Act 1977 , a person authorised under section 19 of the Oaths and Affirmations Act 2018 to take an affidavit
FORM OF OATH OR AFFIRMATION FOR AN AFFIDAVIT OF JUSTIFICATION FOR BAIL BY BAIL GUARANTOR
The bail guarantor is to repeat the following words:
"I, [ name of bail guarantor ], *swear/*promise by *Almighty God/*[ a god recognised by the bail guarantor's religion ] that the contents of this affidavit are true and correct".
or
"I, [ name of bail guarantor ], solemnly and sincerely affirm that the contents of this affidavit are true and correct".
*Delete if inapplicable.
Form 7 substituted by S.R. No. 8/2024 reg. 20.
Form 7—Warrant to arrest person released on bail if bail guarantor gives false information in support of bail undertaking
WARRANT TO ARREST PERSON RELEASED ON BAIL IF BAIL GUARANTOR GIVES FALSE INFORMATION IN SUPPORT OF BAIL UNDERTAKING
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Informant: [ name ]
Person released on bail: [ name ] of [ address ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the person was released on bail: [ state briefly ]
To all police officers
On [ date ], the person released on bail and [ name of bail guarantor ] as bail guarantor signed a bail undertaking requiring the person released on bail to attend—
* before the *Supreme/*County Court at [ venue ] at its sittings commencing on [ date ].
* before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] at [ time ] *a.m./*p.m. on [ date ].
*That bail undertaking was extended to [ date ] at [ time ] *a.m./*p.m.
This Court is of the opinion that the bail guarantor for bail has *sworn/*affirmed an affidavit of justification which the bail guarantor knew to be false in a material particular, namely—[ insert description of false information ].
You are authorised to break, enter and search any place where the person released on bail is suspected to be and to arrest the person released on bail and cause that person when arrested—
(a) *to be brought before *a court/*a bail decision maker as soon as practicable to be dealt with according to law; or
(b) *to be released on bail in accordance with the endorsement on this warrant.
Dated at [ place ], [ date ].
*Judge of the *Supreme/*County Court
*Magistrate
*Delete if inapplicable.
Form 8 amended by S.R. No. 8/2024 reg. 21.
Form 8—Statement for a person in custody when bail is refused who is a child, vulnerable adult, Aboriginal person or person arrested on an enforcement warrant
STATEMENT FOR A PERSON IN CUSTODY WHEN BAIL IS REFUSED WHO IS A CHILD, VULNERABLE ADULT, ABORIGINAL PERSON OR PERSON ARRESTED ON AN ENFORCEMENT WARRANT
NOTE—This Form must be used if a child, vulnerable adult, Aboriginal person or person arrested on an enforcement warrant issued under the Fines Reform Act 2014 is refused bail by a police officer, sheriff or other authorised person. Form 10 must be used if any other person is refused bail by a police officer.
To [ name of arrested person ]
Important Notice
If you ("the arrested person") are in custody and have been refused bail by a police officer, sheriff or another authorised person, you may apply to a court or bail justice to release you on bail. The relevant parts of section 10 of the Bail Act 1977 are set out below—
"(5) The police officer, the sheriff or person authorised under section 115(5) of the Fines Reform Act 2014 , in accordance with this Act, may grant or refuse bail.
Note
Sections 13, 13AA and 13A specify circumstances in which only a court may grant bail. These circumstances relate to—
• certain instances in which the step 1—exceptional circumstances test applies;
• certain terrorism or foreign incursion offences;
• accused persons who have a terrorism record;
• persons accused of Schedule 2 offences who are already on 2 or more undertakings of bail in relation to other indictable offences.
(6) If bail is refused under subsection (5) and the arrested person is not a person to whom section 10AA applies, the bail decision maker must—
(a) endorse on the warrant, file or other papers relating to the arrested person or in any register or record of persons in custody the reasons for refusing bail; and
(b) if it is then within ordinary court sitting hours, cause the arrested person to be brought before a court as soon as practicable and advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and
(c) if it is then outside ordinary court sitting hours, advise the arrested person that they are entitled, should they so wish, to apply to a bail justice for bail and—
(i) if the arrested person wishes to so apply for bail, cause the arrested person to be brought before a bail justice as soon as practicable; or
(ii) if the arrested person does not wish to so apply for bail, cause the arrested person to be brought before a court as soon as practicable and advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and
(d) cause to be produced before the court or bail justice a copy of the endorsement mentioned in paragraph (a); and
(e) give the person a written statement setting out the
provisions of this subsection and of subsection (5).".
Form 9 amended by S.R. No. 8/2024 reg. 22.
Form 9—Statement for arrested person who objects to amount or conditions of bail
STATEMENT FOR ARRESTED PERSON WHO OBJECTS TO AMOUNT OR CONDITIONS OF BAIL
To [ name of arrested person ]
Important Notice
If a police officer, sheriff or another authorised person has granted you ("the arrested person") bail, but you object to the amount fixed for bail or any condition of bail, you may apply to a court or bail justice to vary the amount of bail or conditions of bail. The relevant parts of section 10 of the Bail Act 1977 are set out below—
"(5) The police officer, the sheriff or person authorised under section 115(5) of the Fines Reform Act 2014 , in accordance with this Act, may grant or refuse bail.
Note
Sections 13, 13AA and 13A specify circumstances in which only a court may grant bail. These circumstances relate to—
• certain instances in which the step 1—exceptional circumstances test applies;
• certain terrorism or foreign incursion offences;
• accused persons who have a terrorism record;
• persons accused of Schedule 2 offences who are already on 2 or more undertakings of bail in relation to other indictable offences.
(6A) If bail is granted but the arrested person objects to the amount fixed for bail or any condition of bail, the bail decision maker must—
(a) advise the arrested person that they are entitled, should they so wish, to apply to a court or, if it is then outside ordinary court sitting hours, to a bail justice for variation of the amount of bail or conditions of bail; and
(b) give the person a written statement setting out the provisions of this subsection and of subsections (5), (7) and (8).
(7) Subsection (8) applies if the arrested person elects under subsection (6A) to apply for variation of the amount of bail or conditions of bail.
(8) The bail decision maker must cause the arrested person to be
brought before a court as soon as practicable or, if it is then outside
ordinary court sitting hours, before a bail justice.".
Form 10 amended by S.R. No. 8/2024 reg. 23.
Form 10—Statement for a person in police custody when bail is refused
(Section 10AA(4)(e))
STATEMENT FOR A PERSON IN POLICE CUSTODY WHEN BAIL IS REFUSED
NOTE—This Form must be used if a person (not including a child, vulnerable adult, Aboriginal person or person arrested on an enforcement warrant issued under the Fines Reform Act 2014 ) is refused bail by a police officer. Form 8 must be used if a child, vulnerable adult, Aboriginal person or a person arrested on an enforcement warrant issued under the Fines Reform Act 2014 is refused bail by a police officer, sheriff or other authorised person.
To [ name of arrested person ]
Important Notice
Take notice that under section 10AA of the Bail Act 1977 —
"(1) Subject to subsection (2), this section applies to any arrested person mentioned in section 10(1) and for whom bail is refused under section 10(5) by a bail decision maker who is a police officer of or above the rank of sergeant or for the time being in charge of a police station.
(2) This section does not apply to an arrested person who is—
(a) a child; or
(b) a vulnerable adult; or
(c) an Aboriginal person; or
(d) a person arrested on an enforcement warrant issued under the Fines Reform Act 2014 .
(3) For the purposes of this section—
(a) a person may be considered to be a vulnerable adult or an Aboriginal person if the police officer is of the opinion that the person is such a person; and
(b) a police officer, in considering whether an arrested person is an Aboriginal person, must have regard to any statement made by the arrested person (whether or not in response to a question asked by the police officer) as to whether they are an Aboriginal person.".
Take notice that under section 10 of the Bail Act 1977 —
"(5) The police officer, the sheriff or person authorised under section 115(5) of the Fines Reform Act 2014 , in accordance with this Act, may grant or refuse bail.
Note
Sections 13, 13AA and 13A specify circumstances in which only a court may grant bail. These circumstances relate to—
• certain instances in which the step 1—exceptional circumstances test applies;
• certain terrorism or foreign incursion offences;
• accused persons who have a terrorism record;
• persons accused of Schedule 2 offences who are already on 2 or more undertakings of bail in relation to other indictable offences.".
Take notice that under section 10AA of the Bail Act 1977 —
"(4) If bail is refused under section 10(5) for a person to whom this section applies, the police officer must—
(a) endorse on the warrant, file or other papers relating to the arrested person or in any register or record of persons in custody the reasons for refusing bail; and
(b) remand the person in custody to appear before a court as soon as practicable within the period of 48 hours after being so remanded; and
(c) cause to be produced before the court a copy of the endorsement mentioned in paragraph (a); and
(d) advise the arrested person that they are entitled, should they so wish, to apply for bail when they appear before the court; and
(e) give the person a written statement setting out the provisions of this section and of section 10(5).
(5) The police officer must not remand the person in custody under subsection (4)(b) if the police officer considers that it is not practicable for the person to be brought before a court within the next 48 hours (including appearing before it by audio visual link).
(6) In the circumstances mentioned in subsection (5) the person must be brought before a bail justice as soon as practicable.
(7) If a person remanded in custody under subsection (4)(b) is
not brought before a court within 48 hours after being so remanded, the person
must be brought before a bail justice as soon as practicable after the expiry
of that period of 48 hours.".
Form 11—Notice of deposit to secure payment of any penalty imposed by the Magistrates' or Children's Court for certain offences under the Summary Offences Act 1966
NOTICE OF DEPOSIT TO SECURE PAYMENT OF ANY PENALTY IMPOSED BY THE MAGISTRATES' OR CHILDREN'S COURT FOR CERTAIN OFFENCES UNDER THE SUMMARY OFFENCES ACT 1966
Informant: [ name ]
Accused: [ name ] of [ address ]
Nature of offence(s): [ state briefly ]
You ("the accused") have been released by me ("the informant") from custody on you making a deposit in the amount of $[ deposit amount ].
You are required to attend before the *Magistrates'/*Children's Court at [venue] at [time] *a.m./*p.m. on [date] to answer the charge.
If you fail to attend Court on the day and time above—
• the charge might be heard in your absence; and
• if a fine is imposed by the Court, your deposit may be taken as payment or part payment of that fine; and
• any leftover funds may not be returned to you and may be paid into the Consolidated Fund of the Victorian Government.
If you attend Court to answer the charge on the day and time above—
• the charge may be heard before the Court; and
• if a fine is imposed by the Court, your deposit may be taken as payment or part payment of that fine; and
• any leftover funds will be refunded to you.
Dated at [ place ], [ date ].
Signature of police officer releasing the accused: [ signature ]
Rank: [ rank of police officer ]
Number: [ police officer's identification number ]
Deposit of $[ amount ]
[ signature of accused ]
* Delete if inapplicable.
Form 12 substituted by S.R. No. 8/2024 reg. 24.
Form 12—Further application for bail/Application by person on bail for variation of amount or conditions of bail
Regulations 14(1) and 15(1)
(Sections 18, 18AC(1) and 18AK)
*FURTHER APPLICATION FOR BAIL/*APPLICATION BY PERSON ON BAIL FOR VARIATION OF AMOUNT OR CONDITIONS OF BAIL
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Applicant: [ insert name of person applying for bail or for variation of the amount or conditions of bail ]
Respondent: [ insert name of informant ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the applicant is on bail: [ state briefly ]
On [ date ], I, [ name of applicant ], the applicant *was refused bail at the Court at [ venue ]/*had my bail revoked/*was admitted to bail subject to the following conditions:
*(a) a condition that the following *bail guarantee is/*bail guarantees are required—
• [ insert details of each bail guarantee, including the name and address of the bail guarantor and the amount of the bail guarantee ];
*(b) a condition that a deposit of $[ amount ] is required;
*(c) [ insert any other condition imposed ].
I will apply to the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] for:
*an order for release from custody on bail.
*variation of the *amount/*conditions of my bail as follows: [ insert details of the variation/s sought ].
*an order dispensing with the requirement for 3 days' notice of the application.
*All parties agree that the required period of 3 days' notice be waived.
*The application for variation is *opposed/*not opposed.
Dated at [ place ], [ date ].
[ signature of applicant ]
*Delete if inapplicable.
LISTING OF APPLICATION
This application is listed for hearing before the Court at [ place ] at [ time ] *a.m./*p.m. on [ date ].
Date: [ date ]
*Prothonotary/*Registrar of the *County/*Magistrates'/*Children's Court
*Delete if inapplicable.
APPLICANT: IMPORTANT INFORMATION
You must give the Court, informant, and the prosecutor 3 days' notice for the hearing of this application.
If the application is urgent, you should ask the prosecuting authority if they agree to the application being heard sooner.
If they do not agree, you may apply to the Court for your application to be
heard sooner. This is an application for an order dispensing with the notice
requirement.
Form 13—Notice to informant and Director of Public Prosecutions or prosecutor of further application for bail/Application for an order to vary amount or conditions of bail
Regulations 14(2) and 15(2)
(Section 18AK(1))
NOTICE TO INFORMANT AND DIRECTOR OF PUBLIC PROSECUTIONS OR PROSECUTOR OF *FURTHER APPLICATION FOR BAIL/*APPLICATION FOR AN ORDER TO VARY AMOUNT OR CONDITIONS OF BAIL
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Applicant: [ insert name of person applying for bail or for variation of the amount or conditions of bail ]
Respondent: [ insert name of informant ]
*Nature of charge(s): [ state briefly ] /*Nature of matter(s) for which the applicant is on bail: [ state briefly ]
To the informant and the *Director of Public Prosecutions/*prosecutor
TAKE NOTICE THAT—
I will apply to the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] on [ date ] at [ time ]*a.m./*p.m. for an order—
* for release from custody on bail.
* varying the amount of bail fixed as follows:
[ insert details of the variation sought ].
* varying *a condition/*the conditions of bail as follows:
[ insert details of the variation sought ].
* dispensing with the requirement for 3 days' notice of the application.
Dated at [ place ], [ date ].
[ signature of applicant ]
* Delete if inapplicable.
Form 14 substituted by S.R. No. 8/2024 reg. 25.
Form 14—Application by informant or Director of Public Prosecutions for an order to vary amount of bail, vary conditions of bail or impose conditions of bail
(Section 18AC(2))
APPLICATION BY INFORMANT OR DIRECTOR OF PUBLIC PROSECUTIONS FOR AN ORDER TO VARY AMOUNT OF BAIL, VARY CONDITIONS OF BAIL OR IMPOSE CONDITIONS OF BAIL
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Applicant: [ insert name of informant or Director of Public Prosecutions ]
Respondent: [ insert name of person on bail ] of [ address ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the respondent is on bail: [ state briefly ]
On [ date ], the respondent was admitted to bail subject to the following conditions:
*(a) a condition that the following *bail guarantee is/*bail guarantees are required—
• [ insert details of each bail guarantee, including the name and address of the bail guarantor and the amount of the bail guarantee ];
*(b) a condition that a deposit of $[ amount ] is required;
*(c) [ insert any other condition imposed ].
To the *Prothonotary/*Registrar of the *County/*Magistrates'/*Children's Court at [ venue ]
AND to the respondent
*AND to the *bail guarantor/*bail guarantors
The applicant will apply to the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] for an order—
* varying the amount of bail fixed as follows:
[ insert details of the variation sought ];
* varying *a condition/*the conditions of bail as follows:
[ insert details of the variation sought ];
* imposing *a condition/*conditions of bail as follows:
[ insert details of the conditions sought ].
This application is *opposed/*not opposed.
Date: [ date ]
[ signature of applicant ]
LISTING OF APPLICATION
This application is listed for hearing before the *Supreme/*County/*Magistrates'/*Children's Court at [ place ] at [ time ] *a.m./*p.m. on [ date ].
Date: [ date ]
*Prothonotary/*Registrar of the *County/*Magistrates'/*Children's Court
*Delete if inapplicable.
Form 15 substituted by S.R. No. 8/2024 reg. 26.
Form 15—Application by informant or Director of Public Prosecutions for an order to revoke bail
(Section 18AE(1))
APPLICATION BY INFORMANT OR DIRECTOR OF PUBLIC PROSECUTIONS FOR AN ORDER TO REVOKE BAIL
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Applicant: [ insert name of informant or Director of Public Prosecutions ]
Respondent: [ insert name of person on bail ] of [ address ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the respondent is on bail: [ state briefly ]
On [ date ], the respondent was admitted to bail subject to the following conditions:
*(a) a condition that the following *bail guarantee is/*bail guarantees are required—
• [ insert details of each bail guarantee, including the name and address of the bail guarantor and the amount of the bail guarantee ];
*(b) a condition that a deposit of $[ amount ] is required;
*(c) [ insert any other condition imposed ].
To the *Prothonotary/*Registrar of the *County/*Magistrates'/*Children's Court at [ venue ]
AND to the respondent
*AND to the *bail guarantor/*bail guarantors
The applicant will apply to the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] for an order revoking bail.
This application is *opposed/*not opposed.
Date: [ date ]
[ signature of applicant ]
LISTING OF APPLICATION
This application is listed for hearing before the *Supreme/*County/*Magistrates'/*Children's Court at [ place ] at [ time ] *a.m./*p.m. on [ date ].
Date: [ date ]
*Prothonotary/*Registrar of the *County/*Magistrates'/*Children's Court
*Delete if inapplicable.
Form 16 substituted by S.R. No. 8/2024 reg. 27.
Form 16—Notice to bail guarantor of application by person on bail for an order to vary amount or conditions of bail
(Section 18AI(2)(a))
NOTICE TO BAIL GUARANTOR OF APPLICATION BY PERSON ON BAIL FOR AN ORDER TO VARY AMOUNT OR CONDITIONS OF BAIL
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Applicant: [ insert name of person on bail ] of [ address ]
Respondent: [ insert name of informant or Director of Public Prosecutions ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the applicant is on bail: [ state briefly ]
On [ date ], I, [ insert name ], was admitted to bail subject to the following conditions:
*(a) a condition that the following *bail guarantee is/*bail guarantees are required—
• [ insert details of each bail guarantee, including the name and address of the bail guarantor and the amount of the bail guarantee ];
*(b) a condition that a deposit of $[ amount ] is required;
*(c) [ insert any other condition imposed ].
On [ date ], you, [ insert name ], as my bail guarantor, signed the bail undertaking requiring that I attend at the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] on [ date ].
*The bail undertaking was extended to [ date ].
TAKE NOTICE—
1. I will apply to the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] for an order—
* varying the amount of bail fixed as follows:
[ insert details of the variation sought ];
* varying *a condition/*the conditions of bail as follows:
[ insert details of the variation sought ].
2. As bail guarantor you are entitled to attend at the hearing of that application and to give evidence.
Date: [ date ]
[ signature of applicant ]
*Delete if inapplicable.
Form 17 substituted by S.R. No. 8/2024 reg. 28.
Form 17—Application by bail guarantor to be discharged from liability with respect to bail undertaking
APPLICATION BY BAIL GUARANTOR TO BE DISCHARGED FROM LIABILITY WITH RESPECT TO BAIL UNDERTAKING
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Applicant: [ insert name of bail guarantor ] of [ address ]
Respondent: [ insert name of person on bail ] of [ address ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the respondent is on bail: [ state briefly ]
On [ date ], the respondent was admitted to bail subject to a condition that the following *bail guarantee was/*bail guarantees were required:
• [ insert details of each bail guarantee, including the name and address of the bail guarantor and the amount of the bail guarantee ]
To the *Prothonotary/*Registrar of the *County/*Magistrates'/*Children's Court at [ venue ]
The applicant will apply to the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] for an order discharging the applicant from liability with respect to the bail undertaking.
Date: [ date ]
[ signature of applicant ]
LISTING OF APPLICATION
This application is listed for hearing before the *Supreme/*County/*Magistrates'/*Children's Court at [ place ] at [ time ] *a.m./*p.m. on [ date ].
Date: [ date ]
*Prothonotary/*Registrar of the *County/*Magistrates'/*Children's Court
*Delete if inapplicable.
Form 18 substituted by S.R. No. 8/2024 reg. 29.
Form 18—Warrant to arrest if a bail guarantor applies to be discharged from liability with respect to bail undertaking
WARRANT TO ARREST IF A BAIL GUARANTOR APPLIES TO BE DISCHARGED FROM LIABILITY WITH RESPECT TO BAIL UNDERTAKING
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Informant: [ name ]
Person released on bail: [ name ] of [ address ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the person was released on bail: [ state briefly ]
To all police officers
On [ date ], the person released on bail and [ name of bail guarantor ] as bail guarantor signed a bail undertaking requiring the person released on bail to attend—
* before the *Supreme/*County Court at [ venue ] at its sittings commencing on [ date ].
* before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] at [ time ] *a.m./*p.m. on [ date ].
*That bail undertaking was extended to [ date ] at [ time ] *a.m./*p.m.
The bail guarantor has applied to be discharged from their liability with respect to the bail undertaking.
You are authorised to break, enter and search any place where the person released on bail is suspected to be and to arrest the person released on bail and cause that person when arrested to be brought before this Court as soon as practicable to be dealt with according to law.
Dated at [ place ], [ date ].
*Judge of the *Supreme/*County Court
*Magistrate
*Delete if inapplicable.
Form 19 amended by S.R. No. 8/2024 reg. 30.
Form 19—Warrant to arrest to amend conditions of bail
(Section 25)
WARRANT TO ARREST TO AMEND CONDITIONS OF BAIL
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Informant: [ name ]
Person released on bail: [ name ] of [ address ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the person was released on bail: [ state briefly ]
To all police officers
On [ date ], the person released on bail signed a bail undertaking requiring that person to attend—
* before the *Supreme/*County Court at [ venue ] at its sittings commencing on the [ date ].
* before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] at [ time ]*a.m./*p.m. on [ date ].
*That bail undertaking was extended to [ date ] at [ time ]*a.m./*p.m.
The Court is of the opinion that it is necessary or advisable in the interests of justice that the conditions of bail be amended or that further conditions be added.
You are authorised to break, enter and search any place where the person released on bail is suspected to be and to arrest the person released on bail and cause that person when arrested to be brought before this Court as soon as practicable to be dealt with according to law.
Dated at [ place ], [ date ].
*Judge of the *Supreme/*County Court
*Magistrate
* Delete if inapplicable.
Form 20 amended by S.R. No. 8/2024 reg. 31.
Form 20—Warrant to arrest if person has been released with insufficient security or with security which has become insufficient
(Section 26(1))
WARRANT TO ARREST IF PERSON HAS BEEN RELEASED WITH INSUFFICIENT SECURITY OR WITH SECURITY WHICH HAS BECOME INSUFFICIENT
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Informant: [ name ]
Person released on bail: [ name ] of [ address ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the person was released on bail: [ state briefly ]
To all police officers
On [ date ], the person released on bail signed a bail undertaking requiring that person to attend—
* before the *Supreme/*County Court at [ venue ] at its sittings commencing on [ date ].
* before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] at [ time ] *a.m./*p.m. on [ date ].
*That bail undertaking was extended to [ date ] at [ time ] *a.m./*p.m.
The Court, being the Court that admitted the person to bail, is of the opinion that the person released on bail was released with *insufficient security/*security which has become insufficient.
You are authorised to break, enter and search any place where the person released on bail is suspected to be and to arrest the person released on bail and cause that person when arrested to be brought before a court as soon as practicable to be dealt with according to law.
Dated at [ place ], [ date ].
*Judge of the *Supreme/*County Court
*Magistrate
* Delete if inapplicable.
Form 21 substituted by S.R. No. 8/2024 reg. 32.
Form 21—Warrant to arrest if person released on bail undertaking fails to attend
(Section 26(2))
WARRANT TO ARREST IF PERSON RELEASED ON BAIL UNDERTAKING FAILS TO ATTEND
In the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ]
Informant: [ name ]
Person released on bail: [ name ] of [ address ]
*Nature of charge(s): [ state briefly ]/*Nature of matter(s) for which the person was released on bail: [ state briefly ]
To all police officers
On [ date ], the person released on bail signed a bail undertaking requiring that person to attend—
* before the *Supreme/*County Court at [ venue ] at its sittings commencing on [ date ].
* before the *Supreme/*County/*Magistrates'/*Children's Court at [ venue ] at [ time ] *a.m./*p.m. on [ date ].
*That bail undertaking was extended to [ date ] at [ time ] *a.m./*p.m.
The person released on bail has, in breach of the bail undertaking, failed to attend this day before this Court.
You are authorised to break, enter and search any place where the person released on bail is suspected to be and to arrest the person released on bail and cause that person when arrested—
(a) to be brought before a *court/*bail decision maker as soon as practicable to be dealt with according to law; or
(b) to be released on bail in accordance with the endorsement on
this warrant.
Dated at [ place ], [ date ].
*Judge of the *Supreme/*County Court
*Magistrate
*Delete if inapplicable.
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