Bail in Victoria: the Bail Act 1977 Two Step Test, Show Compelling Reason and Unacceptable Risk

Victoria decides bail under the Bail Act 1977 using a two step framework: a Schedule based test that can require exceptional circumstances or a compelling reason before bail is even considered, followed by the unacceptable risk test that applies in every case where bail can be refused.

Information last verified 28 September 2026 against the Bail Act 1977 (Vic) in force version 159 (effective 31 March 2026), the Bail Amendment Act 2025 (No. 8 of 2025), the Bail Further Amendment Act 2025 (No. 34 of 2025), and the Victoria Government Gazette proclamations of those Acts.

This article covers bail for adults and children charged with a Victorian offence under the Bail Act 1977 (Vic). It does not cover bail in New South Wales, Queensland, Western Australia, South Australia, Tasmania, the Northern Territory or the Australian Capital Territory, each of which has its own bail statute and test; see the Australia wide bail comparison for links to every state and territory.

The Two Step Test Under the Bail Act 1977

Victoria's Bail Act 1977 sets out a two step framework read from sections 4, 4AA, 4A, 4C, 4D, 4E and 4F of the Act. Bail cannot be refused at all for most Summary Offences Act 1966 charges: section 4AAA bars refusal where the person is accused only of Summary Offences Act offences not listed in Schedule 3 and has no terrorism record, unless a court finds a terrorism risk or earlier bail for those offences was revoked.

Step one, under section 4AA, asks whether a Schedule based test applies at all, depending on which Schedule the charged offence sits in:

• A Schedule 1 offence, such as treason, murder, armed robbery, aggravated burglary, home invasion or carjacking, triggers the exceptional circumstances test under section 4A(1). The accused bears the onus of satisfying the decision maker that exceptional circumstances exist.
• A Schedule 2 offence triggers exceptional circumstances if the accused has a terrorism record or risk determination, or if the offence was allegedly committed while the accused was on bail, summons, remand, parole, a community correction order or a sentence for a Schedule 1 or 2 offence (section 4AA(2)). Otherwise it triggers the lesser show compelling reason test under section 4C (section 4AA(3)).
• Any other offence triggers show compelling reason only if the accused has a terrorism record or risk determination (section 4AA(4)), or, from 31 March 2026, if the accused is charged with a later indictable offence allegedly committed while already on bail for an indictable offence and is also charged under the reinstated section 30B offence, unless the later offence is non imprisonable, is a Schedule 4 offence, or is a Schedule 5 offence where the prosecution does not establish the Schedule 5 threshold (sections 4AA(4A) to (4D), inserted by the Bail Further Amendment Act 2025).

Where a step one test applies, the decision maker must refuse bail unless satisfied exceptional circumstances (section 4A) or a compelling reason (section 4C) exists, taking into account the surrounding circumstances as defined in section 3AAA, plus the specific factors in section 3A for an Aboriginal person and section 3B for a child.

Step two, under sections 4D and 4E, is the unacceptable risk test. It applies on its own where no step one test is engaged, or as a second hurdle once step one is cleared. Here the prosecution bears the onus. Bail must be refused if the decision maker is satisfied there is an unacceptable risk that the accused would, if released, commit a Schedule 1 or 2 offence, otherwise endanger the safety or welfare of any person, interfere with a witness or otherwise obstruct the course of justice, or fail to surrender into custody (section 4E(1)). The decision maker must consider the surrounding circumstances and whether any condition could reduce an otherwise unacceptable risk to an acceptable one (section 4E(3)).

A further layer, section 4F, was added by the Bail Further Amendment Act 2025 and commenced 30 September 2025. It applies to a person accused of armed robbery, aggravated burglary, home invasion, aggravated home invasion, carjacking or aggravated carjacking who was already on bail for one of those offences when the new offending allegedly occurred. For that person, the risk of committing a further Schedule 1 or 2 offence is presumed unacceptable unless the decision maker is satisfied there is a high degree of probability the accused would not commit one of those offences if released. The prosecution still bears the onus under section 4E(2)(b). This sits alongside, not instead of, the Schedule based step one categorisation.

Police Bail, Bail Justices and Court Only Bail

A police officer, the sheriff or another authorised person can grant bail under section 10 for many offences. A bail justice can also grant bail under section 10A, subject to section 10B, which requires an informant to bring a person before a court instead where a bail justice is prohibited from granting bail.

Several categories of case are reserved for a court alone. Section 13 limits bail for treason to the Supreme Court, and for murder to the Supreme Court or a court committing the accused for trial. Only a court, not police or a bail justice, may grant bail for any Schedule 1 offence, or for any other case where the exceptional circumstances test applies, subject to a carve out in section 13(4) for children, vulnerable adults and Aboriginal persons whose step one test is engaged only because the offence was allegedly committed while on bail or another criminal justice order listed in section 4AA(2)(c) or (d). Section 13AA reserves bail decisions to a court for anyone with a terrorism record, regardless of the offence charged, and section 13A does the same for a person, other than a child, vulnerable adult or Aboriginal person, who is already on two or more bail undertakings for other indictable offences and is charged with a further Schedule 2 offence.

Children and Youth Bail

Section 3B lists factors a decision maker must weigh when a child is involved: age and maturity, the principle of minimum intervention, the presumption under the Youth Justice Act 2024 section 11 that a child aged 12 or 13 cannot commit an offence, preserving family relationships, continuity of education, minimising stigma, the criminogenic risk of custody, proportionate conditions, the over representation of Aboriginal children, children in child protection and CALD children in custody, whether remand would exceed a likely sentence, the child's health, disability and trauma history, and any other relevant factor or characteristic (section 3B(1)(m)).

The Bail Amendment Act 2025 removed the words "with the remand of the child being a last resort" from section 3B(1)(b). This is a real narrowing of the child specific principles, not a wording tidy up, and it took effect from 26 March 2025. Section 3B(3) separately provides that bail must not be refused to a child solely because of a lack of suitable accommodation.

Part 2A of the Act, inserted by the Youth Justice Act 2024 and amended by the Bail Further Amendment Act 2025, establishes a trial of electronic monitoring for children on bail. The trial, in force from 22 April 2025, applies to a child aged 14 to 17 (or 18 if under 18 at the time of the alleged offending) whose bail is decided by the Children's Court sitting in a prescribed region or by the Supreme Court, where a curfew or exclusion zone is being imposed, the child will live in a prescribed region and a suitability report supports monitoring (sections 17D and 17G). Eligibility turns on age, court and region, not on the offence charged. It covers decisions made before 22 April 2027.

Conditions of Bail

A person granted bail signs a bail undertaking under section 5. Section 5AAAA requires the decision maker to inquire whether a family violence intervention order or a family violence safety notice is in force, even in a case where bail cannot be refused under the step one test. Section 5AAA governs conduct conditions, such as reporting, residence, curfews, non contact and exclusion zones; a curfew cannot exceed 12 hours in any 24 hour period (section 5AAA(5)). Section 5AAB requires regard to the financial means of the accused or any guarantor.

Since the Bail Amendment Act 2023, section 9 uses the term guarantor rather than surety, and a transitional provision at section 34(23) deems an existing surety to be a guarantor. Electronic monitoring as a bail condition for children is addressed specifically in Part 2A described above, and electronic monitoring is now a defined term inserted into section 3 by the Bail Further Amendment Act 2025. Outside the youth trial, an electronic monitoring condition may be imposed only where the monitoring is to be carried out by a prescribed entity and any prescribed requirements are met (section 5AAA(8)).

Further Applications, Variation and Revocation

Section 18AA restricts when a court may hear a further bail application. A further application cannot be heard unless it is the applicant's first or second application since being taken into custody, new facts or circumstances have arisen since the earlier refusal or revocation, the applicant was unrepresented when bail was refused, or the earlier refusal was made by a bail justice rather than a court. Section 18AB confirms that a further application, once permitted, is a fresh hearing under section 4, meaning the whole test structure applies again rather than a narrower review standard.

Variation of bail conditions (sections 18AC and 18AD) and revocation of bail (sections 18AE and 18AF) are separate mechanisms with their own thresholds. Since a 2024 amendment, revocation can be sought where there are reasonable grounds to believe the person has committed, or is likely to commit, an offence, or has breached, or is likely to breach, a bail condition (section 18AE(1A)).

Review and Appeal

The Director of Public Prosecutions can appeal to the Supreme Court against a grant of bail under section 18A, if satisfied that the conditions imposed are insufficient or that the grant contravened the Act, and that an appeal is in the public interest. Notice must be given within one month, extendable by leave, and the Supreme Court holds a fresh hearing. A further appeal from a single judge's decision under section 18A lies to the Court of Appeal (section 18A(12)). Section 18AG allows the Director to appeal a refusal to revoke bail on the same public interest standard, and section 18AH preserves any other right of application or appeal to the Supreme Court or County Court outside these specific mechanisms.

Breach of Bail

Failing to answer bail under section 30, meaning failing without reasonable cause to surrender into custody in accordance with a bail undertaking, is an offence carrying up to 2 years imprisonment (Level 7 imprisonment). Section 30(2) gives the prosecution an evidentiary shortcut through a certified copy of the undertaking or forfeiture declaration.

The Bail Amendment Act 2025 reinstated a separate offence at section 30B: an accused on bail must not commit an indictable offence while on bail, carrying a penalty of 30 penalty units or 3 months imprisonment. At the Victorian penalty unit value of $209.10 (1 July 2026 to 30 June 2027), 30 penalty units is $6,273. This offence had been repealed in 2023 and was reinstated from 26 March 2025. A transitional provision at section 34(24C) confirms it applies only to offending on or after that commencement date, not retrospectively. A charge under section 30B for a later indictable offence while on bail is also what can trigger the tougher section 4AA(4A) show compelling reason test described above, from 31 March 2026.

Since 26 March 2025, breaching a conduct condition of bail without reasonable excuse is also an offence under section 49F of the Summary Offences Act 1966, carrying 30 penalty units ($6,273 at $209.10) or 3 months imprisonment. It does not apply to children or to a condition to attend bail support services, and it can be dealt with by infringement notice.

Arrest of a person released on bail, and the 24 hour rule requiring a person to be brought before a court or bail justice, sit in section 24, which was rewritten by the Bail Amendment Act 2025.

Recent and Pending Reforms

Victorian bail law changed on four separate commencement dates between March 2025 and March 2026. From 26 March 2025, the Bail Amendment Act 2025 added the community safety consideration to the guiding principles at section 1B(1AA), narrowed the child specific last resort language at section 3B(1)(b), rewrote the 24 hour rule at section 24, reinstated the section 30B offence and created the section 49F Summary Offences Act offence of breaching a conduct condition. From 26 August 2025, sections 11 and 12 of the same Act added armed robbery, aggravated burglary, home invasion and carjacking to Schedule 1, and added using a firearm to resist arrest, motor vehicle theft combined with dangerous driving, failing to stop or weapons offences, and a range of firearms offences to Schedule 2. From 30 September 2025, the Bail Further Amendment Act 2025 introduced the section 4F presumption for repeat violent reoffending on bail, amended the Part 2A electronic monitoring trial and added caring responsibilities and pregnancy to the surrounding circumstances. From 31 March 2026, the same Act's later provisions took effect, adding the section 4AA(4A) to (4D) show compelling reason trigger and new Schedules 4 and 5.

Section 32C requires the Attorney General to cause a review covering the Bail Amendment Act 2023, the Youth Justice Act 2024 Part 22.1 amendments, the Bail Amendment Act 2025 amendments and the Bail Further Amendment Act 2025 Part 2 Divisions 1 and 2 amendments, examining impact on Aboriginal persons and Torres Strait Islanders specifically. That review must commence no later than 26 March 2027 and be completed within 6 months of commencing.

As at 28 September 2026, Victoria had no coercive control offence in force. The Justice Legislation Amendment (Family Violence, Coercive Control, Good Character, Risk Assessment and Other Matters) Act 2026 (No. 41 of 2026), which received Royal Assent on 22 September 2026, creates a coercive control offence at section 34AR of the Crimes Act 1958 for an adult who engages in a course of conduct intended to coerce or control a current or former intimate partner, with a maximum of 10 years imprisonment. That offence starts on a day to be proclaimed, and no later than 1 March 2028. See the Australia wide coercive control laws guide for the jurisdictions where an offence is actually in force.

Getting Legal Help

Bail law in Victoria involves technical Schedule classifications and time limited application rights, and getting the wrong result at a first hearing can be difficult to reverse given the limits on further applications under section 18AA. A person facing a bail decision, or considering an application, should seek advice from a lawyer or contact Victoria Legal Aid rather than rely on general information alone. For related Victorian family violence and protection order processes that can affect a bail decision, see the Victorian intervention orders guide. For the general criminal law hub, see Australia criminal law.

Frequently Asked Questions

What is the difference between exceptional circumstances and show compelling reason in Victoria?

Both are step one tests under the Bail Act 1977 that the accused must satisfy before bail can even be considered. Exceptional circumstances under section 4A is the higher threshold and applies to Schedule 1 offences such as murder and armed robbery. Show compelling reason under section 4C is a lesser threshold and applies to Schedule 2 offences and certain other cases described in section 4AA.

What is the unacceptable risk test in Victoria?

Under sections 4D and 4E of the Bail Act 1977, the prosecution must satisfy the decision maker there is an unacceptable risk that the accused would, if released, commit a Schedule 1 or 2 offence, endanger someone's safety or welfare, interfere with a witness or obstruct justice, or fail to surrender into custody. This test applies in every case where bail can be refused, either alone or after a step one test is cleared.

Can I apply for bail again if I was refused in Victoria?

Section 18AA of the Bail Act 1977 only allows a further application if it is your first or second application since being taken into custody, new facts or circumstances have arisen, you were unrepresented at the earlier refusal, or the earlier refusal was made by a bail justice rather than a court.

What happens if I commit an offence while on bail in Victoria?

Section 30B of the Bail Act 1977, reinstated from 26 March 2025, makes it an offence to commit an indictable offence while on bail, carrying 30 penalty units ($6,273 at $209.10 per unit for 1 July 2026 to 30 June 2027) or 3 months imprisonment. From 31 March 2026, being charged under section 30B for a later indictable offence allegedly committed while on bail can also trigger the tougher show compelling reason test under section 4AA(4A).

Does Victoria have a coercive control offence?

Not yet, as at 28 September 2026. The Justice Legislation Amendment (Family Violence, Coercive Control, Good Character, Risk Assessment and Other Matters) Act 2026 (No. 41 of 2026), which received Royal Assent on 22 September 2026, creates a coercive control offence at section 34AR of the Crimes Act 1958 with a maximum of 10 years imprisonment. That offence starts on a day to be proclaimed, and no later than 1 March 2028.